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What is a postnuptial agreement?

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When should a prenup be considered?

Burnsville Prenuptial Agreements Lawyer

Helping Clients Draft Prenuptial Agreements In Minnesota

One of the most complicated issues in divorce that is cause for contention is the topic of property division, particularly if there are non-marital property claims.  An Antenuptial Agreement, more commonly known as a Prenuptial Agreement, can help conclusively establish the value of the assets each party brings into the marriage.

At Meinerts Law Office, P.A., you will find a postnuptial and prenuptial agreement lawyer who helps with drafting Antenuptial Agreements, colloquially known as prenups, to avoid disputes in the event of a divorce or death of a party. You can rely on attorney Merlyn Meinerts and his family law firm to assist you when you are in need of legal advice for prenuptial services.

Are you looking to sign a prenuptial agreement in Minnesota? Call Meinerts Law Office, P.A., today at 952-208-8500 or contact the firm online to meet with a prenuptial agreement attorney in Burnsville.

What Is The Purpose Of A Nuptial Agreement?

The purpose of a nuptial agreement is to put all of your premarital agreements in writing so that you never have to worry about arguing in the event of a divorce. Each party’s interests will be accurately stated and can allow you to protect your individual estates and property. While this used to be an action only taken by wealthy people who were marrying less wealthy people, individuals of all statuses choose to do this for their own protection.

A nuptial agreement can be used to state the following:

  • Details of spousal support/alimony
  • How the couple with separate marital property
  • What property is separate, or nonmarital

What Makes A Prenuptial Agreement Valid In Minnesota?

In Minnesota a prenuptial agreement must be written and signed by both soon to be spouses along with the presence of two witnesses and a notary. This must be completed before the wedding. The prenup is null and void if the couple does not marry.

A premarital agreement would be upheld under law if the following conditions apply:

  • Each spouse must completely report his or her earnings, properties and debts.
  • Each spouse has the right to consult with a legal representative of his or her choice.
  • The document is registered in the county where one of the spouses’ real property is located, and each spouse signed it willingly.

Do You Need A Lawyer To Get A Prenuptial Agreement In Minnesota?

Prenuptial agreements are governed differently in each state. You can employ an attorney if you are unfamiliar with Minnesota laws. In addition, it is recommended that each party hire their own attorney so that the validity of the prenup is ensured. Having the best interests of each side represented by a lawyer may help to prevent pressure to sign the document. Prenuptial agreements are more likely to hold up in court if separate attorneys review and agree to the terms/conditions.

Is It Possible To Get A Prenuptial Agreement After Marriage?

No, if you did not make a prenuptial agreement before entering into marriage, it is not possible to get a prenup. However, you can work with a lawyer to create a postnuptial agreement. You and your spouse will both be represented by your own legal counsel and all parties must sign, as well as a notary public and two witnesses.

What Is A Postnuptial Agreement?

A postnuptial agreement is similar to a prenuptial agreement, except that it is created after marriage. In the event of a divorce, a postnuptial agreement protects the assets of a married couple. The terms of a prenuptial agreement can also be modified by a postnuptial agreement.

What Are Things That Cannot Be Included In A Postnuptial Agreement?

A postnuptial agreement can address several concerns if there is a divorce, including the division of assets and debts. In Minnesota, postnuptial agreements can even include other financial matters, such as the issue of alimony (spousal support), which is not possible in all states.

However, Minnesota will not permit a postnuptial agreement to include any provisions related to child custody or child support. These particular issues are always determined based on the best interests of the child, not the wishes of the parents.

What Voids A Postnuptial Agreement?

Postnups can be drafted incorrectly, making them void. There are a few reasons why a postnup may be void. For example, postnups should be signed with the presence of two witnesses and a notary. Fabricated signatures or forgetting to get witnesses could invalidate a postnup.

Neither spouse can be pressured, threatened or forced into signing a postnup. A common way spouses may coerce a spouse into signing a postnup is by presenting it as an ultimatum to marriage or threatening to take property or children in a divorce.

Vague or ambiguous language in a postnup may make an agreement one-sided. If the language is too ambiguous, it may be harder to enforce in court. If it appears that a spouse is not aware of the terms of a postnup, the agreement may be voided. In addition, a postnup that would leave a spouse destitute if enforced may be found invalid.

Does A Will Override A Postnuptial Agreement?

Minnesota law permits a surviving spouse to claim up to 50% of their deceased spouse’s estate (with the exact amount being relative to the duration of the marriage) despite what the decedent’s will may specify. However, this right can be modified or waived with a valid postnuptial agreement. This is commonly done so when couples enter into subsequent marriages and have children from previous relationships.

Our attorneys at Meinerts Law Office, P.A., can help clear any concerns our clients may have when a will does not match a postnuptial agreement.

If you need help with your prenuptial or postnuptial in Minnesota, contact Meinerts Law Office, P.A., today to schedule a consultation! Visit the divorce lawyer reviews to see why clients choose this Minnesota law firm when they need the best prenup lawyer near you.