During the marriage, both spouses may decide to enter into a postnuptial agreement.  As the name suggests, a postnuptial agreement can only be entered during a marriage and after the parties are married.  This is a contract between a married couple, which sets forth, among other things, the future division of property, assets, and the allocation of debt in the event of a divorce.  The intent behind a postnuptial agreement is to protect each party’s financial interests in the event of a divorce; to minimize disputes if and when the divorce occurs; and to have a clear idea of who would be awarded certain property in the event of a divorce.  Our Minnesota family law attorneys can draft a postnuptial agreement to protect you.

Requirements of post-nuptial agreement

There are strict requirements to enter into a valid, enforceable post-nuptial agreement.  For example, when the agreement is executed, both spouses must be represented by independent attorneys of their voluntary choice.  Neither party must enter the agreement under duress, undue influence or any other impediment.

Enforcing postnuptial agreements

Even if all of the procedural requirements are satisfied, enforceability of the postnuptial agreement at the time of the divorce can be extremely complex.  When one (1) spouse wants the Court to enforce the post-nuptial agreement, the Court has the discretion to disregard or supersede the terms of the postnuptial agreement because circumstances may have changed for one spouse that would make the enforcement of the post-nuptial agreement unfair.  In sum, the post-nuptial agreement is scrutinized for its validity at the time it was executed and at the time a spouse seeks to enforce it.  Therefore, it is very important that you get competent representation before a postnuptial agreement is drafted and signed.

Free consultation

Do you need advice on whether a postnuptial agreement is suitable for your situation?  At Clausen & Hassan, LLC, our Minnesota family law attorneys can help you reach an agreement that is fair and enforceable.  Contact us at 651-647-0087 to schedule a free consultation.