Property division can be one of the most contentious issues in divorce. At Meinerts Law Office we draft prenuptial and postnuptial agreements that help you avoid a property division dispute in the event of a future divorce.

A prenuptial agreement (or “prenup”) is a formal determination of what each party’s interests are when it comes to property division. You and your spouse can agree ahead of time on issues such as:

  • Your nonmarital property, which will be restored to you at time of divorce (or your beneficiaries at the time of death)
  • How marital property will be divided (for example, the prenuptial agreement can decide ahead of time that a business or lake home is non-marital property and will not be divided)
  • Whether spousal maintenance (also known as “alimony”) will be paid in the event of divorce and how it will be determined

A postnuptial or antenuptial agreement is a property division agreement that is entered into after the marriage.

Are Prenuptial and Postnuptial Agreements Enforceable in Minnesota?

Prenuptial and postnuptial agreements are only enforceable if both parties are represented by independent legal counsel. The agreement must be properly drafted by your lawyer and reviewed by the other party’s lawyer. The documents must be signed by both parties, two witnesses, and a notary public.

Learn More about Minnesota Antenuptial Agreements