A prenuptial agreement is called an antenuptial agreement in Minnesota and is a written agreement between two parties which is signed prior to their marriage that can help determine each party’s rights in the event the marriage is dissolved and/or upon the death of one of the parties. A postnuptial agreement serves similar purposes, but is signed after the parties are married.
You may wonder whether an antenuptial agreement a good idea. These agreements are not needed in all cases. Common reasons these agreement may be beneficial to your situation are if one or both parties have significant wealth prior to marriage, either party expects significant inheritances or gifts during their marriage, there are family-owned business interests involved, or if the parties have children from another marriage or relationship.
We recommend that if you are considering an antenuptial agreement, you contact one of our family law attorneys well in advance of your anticipated wedding date. We generally recommend that we be consulted at least six months prior to the wedding date. While agreements can be prepared more quickly than that, allowing ample time for the preparation of the agreement helps assure all parties are satisfied and the agreement is valid.
Both of these types of agreements are complicated documents and are unique to every situation. There are a number of requirements in Minnesota for these agreements to be enforceable. It is important that you have thorough, competent legal advice as you work through the antenuptial or postnuptial agreement process. Thinking futuristically can be challenging. Our family law attorneys are skilled in drafting both agreements and will walk you through considerations as you plan for the future.