Rochester Minnesota Prenuptial Agreement Lawyer

Minnesota Antenuptial Agreements

A prenuptial agreement, also known as an ante-nuptial agreement, is a legally binding contract signed before marriage that determines how assets will be distributed in the event of a divorce. A prenuptial agreement protects the property that a spouse brings to a marriage. Prenuptial agreements are not for everyone. If both parties enter a marriage with limited assets, then a prenuptial agreement may not be appropriate. However, if any of these situations apply to you:

• Children or grandchildren from a prior marriage
• Part owner of a family-owned business
• Substantial difference in income from spouse-to-be
• A prior marriage and divorce for one of the spouses-to-be
• The potential for a large inheritance

you should consult a Rochester Minnesota prenuptial attorney to determine if a prenuptial agreement would be advisable in your case.

Enforceable and Unenforceable Antenuptial Agreements

To be enforceable, a prenuptial agreement must have the following:

• both sides must have had an opportunity to consult with a lawyer;
• the agreement must be in writing
• there must be full disclosure of the assets of the parties;
• it must be properly witnessed
• it must be signed no less than one day before the marriage

Sometimes agreements have been held invalid even when the above was present when the Court finds that the agreement involved fraud, duress, or it is so unfair that it is unenforceable.

What a Prenuptial Agreement Can Not Do

You cannot enter into a prenuptial agreement to contract duties in the marriage, such as who does the laundry and who cleans the home. No Court will enforce these agreements. The purpose of the prenuptial agreement is to define what will happen if one of the parties dies or the parties divorce or separate. Thus, the prenuptial agreement deals with issues that come up when the marriage is over, it cannot be used as a tool to enforce what will happen during the marriage.

Additionally, while the parties to a prenuptial agreement are free to make agreements, the Court is not bound to uphold provisions of an agreement that violate the laws of Minnesota. Certain provisions of a prenuptial agreement - for example, those that deal with custody or child support - are addressed by the Court at the time of separation and divorce to determine what is in the best interests of the children and whether the support provided is in accordance with the laws of Minnesota. The Court can ignore entire portions of an agreement if it is against the law or public policy.

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If you have additional questions about Divorce in Minnesota, please contact the Dilaveri Law Firm today. We always offer free initial consultations to our clients. Call  507.206.6020 or complete our free case evaluation form.