Though the idea of a prenuptial or postnuptial agreement is not exactly romantic, they may serve as a necessary tool for preserving an upcoming or existing marriage. Addressing certain assets in these contracts may actually assist the parties tremendously, should a divorce become necessary. It is important to remember that prenuptial agreements typically address pre-marital assets, while postnuptial agreements generally cover the division of specific assets accumulated over the course of the marriage.
In order to avoid future challenges that may arise regarding 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, incomes, and liabilities. Each party must be made aware of the specific provisions of the contract, 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 for both parties to have legal representation, thus minimizing the potential for one party to later claim that they were unaware of what they were signing. Reach out to Howard Family Law, LLC today to learn more about your options regarding antenuptial and postnuptial agreements.