Drafting Prenuptial/Postnuptial Agreements
You need an experienced attorney to guide you through the process and advocate on your behalf. Contact our Minnesota Metro Law Attorney and Mediators for a free consultation regarding drafting or reviewing your Prenuptial or Postnuptial agreement.
Entering into a marriage is a sacred and time-honored tradition. One of the most difficult and time-sensitive issues that arises when there has been a request for a prenuptial agreement in Minnesota relates to timing. Minnesota Statute 519.11 contains the basic requirement for valid prenuptial or postnuptial agreements. However, there are very practical issues that arise which are not guided under the statute. Schedule your free initial consultation to better understand how your prenuptial or postnuptial agreement can affect you now and in the future.
Questions and Answers
1. What are the basic requirements for a valid prenuptial agreement?
A: If a party later challenges a prenuptial agreement, one of the main issues that usually arises has to do with disclosure of financial assets at the time the agreement was reached. You must each honestly disclose all of your assets and liabilities before creating your prenuptial agreement. Neither party may be coerced or unduly influenced to enter into the agreement. At the time of the agreement two witnesses are required when you sign the prenuptial agreement.
2. Does it matter when we sign our prenuptial agreement?
A: In short - yes. The earlier you sign the agreement in advance of the wedding, the stronger your argument will be in the event that one party later claims undue influence. For example, if a prenuptial agreement is presented one week before the divorce (after invitations have been sent, venue paid and arranged for, etc.), the other party may later claim that they had no choice but to sign or have the wedding cancelled last minute.
3. Can we both use the same attorney?
A: While one attorney can draft the agreement, Minnesota law requires that the other party consult with a separate attorney prior to signing the Prenuptial agreement. The attorney will typically review the agreement, make sure their client understands the agreement, and if need be, make proposed edits to the agreement.
4. Do I need a Postnuptial Agreement?
A: Postnuptial agreements are different than prenuptial agreements. They are usually created during the marriage for specific situations and to potentially protect current or future financial issues. The need for a Postnuptial Agreement in Minnesota is very fact specific. Contact Adam Galili, esq. and his team at Metro Law and Mediation to learn more.
With a combined 30 years of experience, Metro Law and Mediation can provide you a team of legal professionals who have dedicated their professional careers to the area of Minnesota Family Law. They know the procedures available and how to use the facts in your matter to protect you.