With more and more marriages ending in divorce, spouses are worried about protecting their assets before even saying “I do.” A prenuptial agreement is a contract that spells out what you and your spouse will receive from the other in case the marriage ends in divorce. Our Minnesota divorce attorneys can draft a prenuptial agreement before you walk down the aisle to protect you if the unthinkable happens.
When Prenuptials are Needed
Many of the couples we help draft pre-nuptial agreements include those where one party has existing ownership of assets. These assets may include a family business, farm or simply a large sum of money. People who get married a second time also tend to want prenuptial agreements. Older people may also choose to have a prenuptial agreement to protect their life savings to pass down to their heirs when they die. In general, prenuptial agreements are often used when one party has significantly more assets than the other.
Enforcing Prenuptial Agreements
Before a premarital agreement is legal and enforceable, both parties must accurately disclose their earnings and assets. Both parties must also have the option of being represented by their own attorney and the agreement must be in writing.
Sometimes a prenuptial agreement is deemed unenforceable because it is grossly unfair. If the court finds that the prenuptial agreement is unfair to either party in a divorce, it may become invalid. In addition, courts may also consider the prenuptial agreement invalid if the circumstances since getting married have drastically changed and they are no longer conducive to fulfilling the expectations that both parties had when the agreement was originally put into effect.
Free Consultation
Do you need representation in a prenuptial agreement case? At Clausen & Hassan, LLC, our Minnesota divorce lawyers can help represent you fairly and reach an agreement that is enforceable and agreeable. Call us at 651-647-0087 today to set up a free consultation.
