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There should be no room for interpretation in a prenuptial agreement

Drafting and executing a prenuptial agreement prior to marrying can immensely benefit both an individual and couple down the road. The process of drafting a prenuptial agreement can serve to bring a couple who plans to marry closer as they go through the process and openly discuss their life and financial realities, fears and goals. Having such a legal document also aids a divorcing couple in expediting the division of assets, saving both spouses time and hassle.

While there are many benefits to having a prenuptial agreement, it's incredibly important to ensure that such a document is clear and explicit in its terms. Even in cases where a prenup seems ironclad, an ex-spouse may choose to contest a prenuptial agreement for a number of reasons.

A divorcing spouse may contest a prenuptial agreement for the following reasons: 

  • Its terms are unfair and serve to disadvantage one spouse
  • An individual or couple failed to obtain the assistance of an attorney when drafting and executing the document
  • It wasn't filed properly
  • One or both spouses failed to fully disclose financial information
  • A spouse signed the document under duress, was coerced or, at the time, lacked mental capacity

Even in cases where an individual follows the rulebook when drafting and executing a prenup, it's important to ensure that a document's wording leaves no room for interpretation. In the event a couple divorces, any ambiguity in the explanation of a prenup's terms may be seized upon by a bitter ex. 

For Minnesota men and women who plan to marry and wish to explore the benefits of a prenuptial agreement, it's wise to consult with an attorney who has experience in both drafting and contesting prenups.

Source: Forbes, "How Key Portions Of Prenups And Postnups Can Be Invalidated," Jeff Landers, Oct. 16, 2014

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