Serving Dakota County, the Twin Cities Area and Greater Minnesota
At Sheridan & Dulas, P.A., we offer a full-service family law practice. If you require an experienced family law attorney to draft or review a prenuptial agreement, we can provide the experienced legal representation you require.
To speak with a family law attorney at our firm about a prenuptial agreement, contact our law office in Eagan, Minnesota. We are pleased to offer a free consultation to discuss your legal needs.
Enforceability of Prenuptial Agreements in Minnesota
Minnesota courts do uphold prenuptial agreements that are properly created and executed. To be enforceable, however, a prenuptial agreement must adhere to specific legal formalities, including:
- Financial disclosure: Each party must make a full financial disclosure or the other party may argue that he or she did not knowingly enter into the agreement.
- Opportunity for legal counsel: Each party must have sufficient time to engage the assistance of legal counsel for the purpose of reviewing the prenuptial agreement. While separate legal counsel is not an absolute requirement (provided each party has had sufficient time to obtain assistance of counsel), it is best for each party to have separate legal counsel to avoid a challenge to the enforceability of the prenuptial agreement.
- Fair and equitable: The agreement must be fair and equitable at the time of its signing and enforcement.
- Valid execution: The agreement must be properly signed, witnessed and notarized at least one day before the marriage ceremony (additional time is preferred).
Purposes of Prenuptial Agreements
There are a variety of reasons why you may want a prenuptial agreement:
- To define the respective rights of the parties upon divorce for both income and property
- To define how you and your spouse will handle your income during your marriage
- To clarify how you and your spouse will define marital and non-marital property that is acquired during the marriage
- To clarify how you pay for expenses during your marriage and how such expenses will be characterized
- To determine the parties' respective rights at death (Minnesota law requires that a spouse may not deprive another spouse of his or her marital share in a last will and testament. However, a spouse may waive his or her marital share in a prenuptial agreement).
Prenuptial agreements have many other valid purposes. If you wish to learn more about prenuptial agreements, we encourage you to contact an experienced family law attorney at our firm.
Contact Our Minneapolis Prenuptial Agreement Attorneys
Based in Eagan, we practice in Dakota County, throughout the Twin Cities metro area, and in Greater Minnesota. To speak with a Minnesota prenuptial agreement lawyer at our firm, call 651-968-1249 or contact us toll free at 800-491-9983. You may also contact us by e-mail.