Why You May Need A Prenuptial Agreement
When you get married, your intention is to spend the rest of your life together. This doesn’t always happen. Also, in cases where one or both of you have been married before and have children from that marriage, significant assets or interest in a business or family farm, having a prenuptial agreement may be to your advantage.
Helping Couples Draft Enforceable Prenuptial And Postnuptial Agreements
At Groshek Law PA, in Minneapolis, our family law attorneys know how to prepare prenuptial (also called antenuptial) and postnuptial agreements that not only will hold up in court but are crafted to fit you and your spouse’s situations. In cases where these agreements were significantly unfair to one party, the courts have found them to be invalid and not enforceable.
We will sit down with you to hear your story and discuss your concerns. We want to understand how you would potentially like to see your property divided if your relationship comes to an end or in the event of a death in a blended family.
Helping To Establish Marital Property Rights
It is always recommended that each party have a lawyer review a prenuptial agreement prior to signing it. This gives each person the chance to assess the impact the agreement would have on his or her life if the marriage dissolves. It also ensures that each person understands the agreement he or she is signing and prevents one or the other from claiming he or she had no representation at the time of signing.
We handle all matters of family law. We are also available to give your existing prenuptial agreement an independent review and to consult with you on its effects.
Do You Have Questions About Prenups?
Prenuptial agreements are complex legal documents that have a lot of misconceptions surrounding them. We understand that you probably have many things that you want to know about them before creating one. Below you can find several commonly asked questions that we hear from our prospective clients.
Are prenuptial agreements legally enforceable?
As long as an attorney draws up and executes the prenuptial agreement correctly, it is legally enforceable. However, if one party believes that an aspect of the prenup is not legally valid, they might be able to challenge it in court. If both signatories agree to waive part of the prenuptial agreement, they can do so without issue.
Are prenuptial agreements public record?
No, unless a divorce involving a prenuptial agreement goes to trial. Then, it would become a matter of public record.
When is a prenuptial agreement a good idea?
It is always a good idea to have an attorney draw up a prenuptial agreement, even if you do not have significant assets. A prenup protects your rights in the event of a divorce. It can keep divorce less expensive, less time-consuming and much less stressful. Even if you believe that you and your partner will be together forever, discussing a prenup is always smart.
Are postnuptial agreements enforceable?
Minnesota courts will only enforce a postnuptial agreement if each spouse had separate counsel at the time they created the postnup.
Can a postnuptial agreement protect inheritance?
Inheritance is not typically considered part of the marital estate. However, you can use a postnuptial agreement to implement additional layers of protection to your inheritance.
Learn More In A Consultation
It is very important to understand the effect your agreement will have in the future. You believe you are protecting yourself when you sign it. As things change in your life, it may end up doing more harm than good. Consult with us to make sure your contingency plan for the end of your marriage will actually protect you.