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Prenuptial Agreements in Minnesota

About Prenuptial Law in Scott County

Couple signing prenuptial agreementOne of the most complicated issues in divorce that is cause for contention is the topic of property division. Additionally, in the event of sudden illness or death, the surviving spouse may wish they knew their spouse's wishes. While every couple who gets married hopes that they will never have to think about these types of matters, it is always best to plan ahead and be proactive.

At Meinerts Law, our nuptial agreement lawyers help engaged couples draft prenuptial agreements, colloquially known as prenups, to avoid disputes in the event of a divorce or tragedy. You can rely on our family law firm to assist you when you are in need of legal advice for prenuptial services.


Reach out to us today at (952) 777-8886 to meet with a nuptial agreement attorney in Scott County


What is Covered in 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 is Not Covered in a Prenup?

While no prenuptial agreement is identical, there are various issues that cannot be included:

  • You may not include any illegal terminology which entails you or your spouse committing illegal acts.
  • Child custody, support, and visitation may not be included within the prenuptial agreement.
  • The agreement may not be one-sided or deemed unfair by the court.
  • You may not include anything that isn't financially related, such as stipulations for your spouse to lose weight or dress a certain way.

What Makes a Prenuptial Agreement Valid?

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?

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.

Can I Create a Nuptial Agreement After Marriage?

If you did not make a prenuptial agreement before entering into marriage, 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.


Would you like to schedule a consultation with a knowledgeable prenuptial agreement lawyer? We are here to advise and represent you - call Meinerts Law now.


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Here at Meinerts Law Office, P. A, our Scott County family law attorney is focused on providing clients with skilled legal representation. We can provide you with alternative dispute resolutions to help your family move forward in a quicker and less-stressful manner. For nearly 25 years, attorney Merlyn Meinerts has helped clients with simple and complex family law cases.

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