Getting married is a big decision. So is deciding to enter into a prenuptial agreement. Minnesota couples, who choose to agree to a prenuptial agreement (prenup), want to be sure they are doing it right. Fortunately, with knowledgeable legal advice, the process does not have to be complicated.
In a prenuptial agreement, a couple can agree on how marital property will be divided in the event of a divorce. The agreement can spell out which assets will be considered marital property, which is subject to equitable division, and which assets will remain the separate property of one partner. It can also specify whether one spouse will be obligated to pay spousal support to the other, and if so, how much. There are many other provisions that can be included in a valid Minnesota prenuptial agreement.
As we discussed in last week’s post, no one can promise that any given prenup is unbreakable. But, an experienced family lawyer can help ensure the agreement meets all the procedural requirements, is properly signed and executed, and is likely to withstand an attack in the absence of a major change in circumstances.
Minnesota law requires that each party to a prenup have the opportunity to separately consult an attorney of their choice before signing the agreement. At the Eagan law firm of Sheridan & Dulas, P.A., we have helped many Minnesota individuals negotiate prenuptial agreements. We provide the critical independent advice a person needs to evaluate whether a proposed agreement is fair. For information about this area of our law practice at our Eagan prenuptial agreement lawyers web page.