When getting married in Minnesota, whether it is a first or second marriage, you may want to sit down with a family law attorney to discuss the benefits of a prenuptial agreement. Prenuptial agreements force the discussion of finances going into the marriage. In the event of a divorce a prenuptial agreement can help lessen the financial burden and level of conflict, because the parties have already considered division of assets.
SPECIAL CONSIDERATIONS FOR PRENUPTIAL AGREEMENTS
- Has each spouse fully disclosed their assets and liabilities?
- Has each spouse had the opportunity to meet with their own legal counsel?
- Has each spouse signed the agreement voluntarily and not under duress? (Meaning the prenuptial agreement signed as far in advance of the marriage as possible so it doesn’t create pressure.)
- Is the agreement supported by consideration from both sides, meaning each party knows and understands the agreement, what they may be entitled to and a full understanding of those considerations?
- Is agreement is notarized and witnessed properly?
(We make this a requirement for our clients so there isn’t one person that is viewed to have had an advantage by having legal advice.)
considering a prenuptial agreement?
If you are considering a prenuptial agreement or want to discuss an agreement that is already in place, contact our family law attorney Allison J. Fredrickson at 651-439-2878 to discuss your options.