Prenuptial agreements in Minnesota often have a bad reputation and are frequently misunderstood. They can be important tools to use to protect yourself and your assets going into a marriage. What's more: they offer transparency, and that's a good place to start a marriage.
At Heritage Law Office, our family law attorney in Minnesota can help you understand if a prenuptial agreement is right for you. Contact us through our online form or at 414-253-8500 to schedule a free consultation and learn more.
Prenuptial Agreements in Minnesota
When two people are about to head down the aisle, they sometimes enter into a prenuptial agreement first. A prenuptial agreement is a before-marriage contract that lays out the specifics of what will happen to the property they own should the marriage fail.
Prenuptial agreements in most states can be used to address many different issues, including:
- What property should be considered marital and what should be considered separate? Instead of having a judge decide this matter pursuant to the laws of your state, you can decide beforehand.
- Protections for certain property. For example, if the engagement ring is a family heirloom on the spouse's side, the parties may agree that in the event of divorce, the ring goes back to the husband.
- You may agree that should one or both spouses want a divorce, the parties are required to go through mediation or arbitration.
Prenuptial agreements in most states cannot be used to address certain issues, including:
- Custody and issues of child support are not allowed to be addressed in prenuptial agreements. The court will determine what is in the child's best interest, not the parents.
- Courts do not like provisions that address personal rather than financial issues. For example, a prenuptial agreement should not contain a provision stating where the parties will spend their Christmases.
- A prenuptial agreement should not be used to address anything that is illegal. For example, if the family earns money through the sale of illegal drugs, who gets that business in case of divorce is not allowed to be addressed.
To be sure your prenuptial agreement is enforceable, it is best to make the terms as fair as possible to both parties.
Who Should Have a Prenuptial Agreement in Minnesota?
While many people can benefit from the use of a prenuptial agreement, it is especially beneficial for people in the following situations:
- If you own a business, it is a good idea to look into a prenuptial agreement. This helps protect the business in case of divorce.
- If you own significant assets, a prenuptial agreement is a good idea to keep them protected.
- If you have children from a previous marriage, a prenuptial agreement can assist in protecting the inheritance of those children.
Contrary to popular opinion, prenuptial agreements aren't just for the wealthy. They can provide needed protection to people from all walks of life.
Do You Need a Family Law Attorney in Minnesota for a Prenuptial Agreement?
While you may be tempted to draft your own prenuptial agreement before getting married, it is a good idea to speak with an attorney regarding how these contracts work in your state, including what you can and cannot address. Courts have a tendency to look for reasons to find these agreements unenforceable, so the help of an attorney is almost necessary to ensure your prenuptial agreement is upheld in case of divorce.
Contact a Prenuptial Agreement Lawyer in Minnesota Today
Protecting your assets and family are important. Make sure your prenuptial agreement in Minnesota is designed to do just that but in a way it complies with the law. At Heritage Law Office, our family law lawyer will review, draft, and negotiate a prenuptial agreement on your behalf, ensuring that your interests and rights are heard and upheld. Contact us through our online form or directly at 414-253-8500 to schedule a free consultation.
Frequently Asked Questions (FAQs)
1. What are the core elements of a valid prenuptial agreement?
A valid prenuptial agreement generally needs to fulfill certain criteria to be enforceable. It must be in writing and signed by both parties willingly and voluntarily. Full financial disclosure of both parties is also necessary, so there are no hidden assets or debts. Most importantly, the terms of the agreement must not be unconscionable or overwhelmingly in favor of one party over the other. Always consult an attorney for state-specific requirements, as they can vary.
2. Can a prenuptial agreement be amended or revoked after marriage?
Yes, a prenuptial agreement can usually be amended or even entirely revoked after the marriage has taken place. However, both parties must agree to the changes in writing. Just like the original agreement, any amendments should be signed by both parties and properly witnessed to ensure enforceability.
3. Are prenuptial agreements only for wealthy people?
Contrary to popular belief, prenuptial agreements aren't solely for the rich or famous. They serve to protect assets and specify what will happen in various circumstances, such as divorce or the death of one of the spouses. This can be beneficial for individuals who own a business, have children from a previous marriage, or simply want to safeguard certain assets.
4. What limitations exist on what can be included in a prenuptial agreement?
There are several restrictions on what a prenuptial agreement can include. For instance, it can't determine child custody or child support arrangements; those must be decided by a court based on the child's best interests. Additionally, a prenuptial agreement cannot include illegal activities or dictate personal, non-financial aspects of a couple's relationship, such as where to spend holidays.
5. How can I ensure that my prenuptial agreement is enforceable?
The most secure way to ensure that a prenuptial agreement is enforceable is by having it drafted or reviewed by an experienced family law attorney. Both parties should have their own legal representation to avoid conflicts of interest. Legal counsel will ensure that the document complies with state laws and that it meets all the necessary criteria for enforceability, such as full financial disclosure by both parties.
