Dedicated Antenuptial & Postnuptial Agreements Attorney Represents Dakota County Couples
Why Minnesotans Sign These Agreements
Both prenuptial and postnuptial agreements are types of contracts that couples enter into either before or during marriage. People enter these contracts for a variety of reasons, though they are most commonly employed to protect property. Generally speaking, prenuptial agreements are used in anticipation of second marriages, or in first marriages where one party has significantly more assets entering than the other party.
Though the idea of a prenuptial or postnuptial agreement is hardly romantic, they may serve as a necessary tool for preserving an upcoming or existing marriage. Addressing certain assets may actually assist the parties tremendously in the unfortunate event of a divorce. It is important to remember that prenuptial agreements typically address pre-marital assets, while postnuptial agreements generally cover the division of specific assets accumulated during the marriage.
How to Make Agreements Enforceable
In order to avoid challenges that may be raised later with respect to the validity of prenuptial or postnuptial agreements, your best bet is to ensure that these agreements are executed properly from the start. This means both parties must disclose all assets, income and liabilities. Each party must be made aware of what exactly they are contracting about, and if they for some reason are deceived, it can call into question the contract itself.
Another way to protect the contract from future challenges is to make sure that both parties are represented by experienced family law attorneys. Under Minnesota state law, prenuptial contracts require legal representation for only one party, whereas both parties must be represented in a postnuptial case. It is typically a good rule of thumb to have each party to the contract be represented, thus minimizing the potential for one party to later claim that they didn’t know what they were doing.