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Prenuptial agreement may ease divorce for Darryl Hall and wife

Music fans in the Twin Cities who are old enough to remember Hall and Oates, who had a string of hits in the late 70s and early 80s, may be surprised to hear that the duo is back together and touring the United States this summer. Unfortunately, Darryl Hall's marriage has not proven as durable as his musical partnership with John Oates. Hall's wife, Amanda Hall, has filed for divorce.

Apparently the papers were filed back in May, but came to light only recently. The couple got married in 2009. They have no children together, but Amanda has two children from an earlier relationship.

One news outlet reports that the couple has a prenuptial agreement. If that is the case, it should help prevent contentious property division and alimony disputes. With a prenuptial agreement a couple can agree in advance as to how assets will be divided in the event of a divorce. They can also clarify what constitutes marital property and agree on spousal support, among other issues.

Minnesota courts will uphold prenuptial agreements if certain requirements are met. Each party must make a full disclosure of assets and earnings before the agreement is signed. A party's failure to make a complete and accurate financial disclosure is the surest way to render the agreement void and unenforceable.

The agreement must also be fair and equitable to both parties. What is fair and equitable is determined as of the date the agreement is signed. Minnesota law also requires that each party must have the opportunity to retain an attorney to review the agreement. Finally, the agreement must be signed in the presence of two witnesses and notarized at least one day before the wedding.

Source: New York Daily News, "Hall & Oates singer Daryl Hall and wife Amanda are divorcing," Philip Caulfield, Aug. 14, 2015

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