Car accidents happen every day in Minnesota.  So, too, do divorces.  When people get into their car, they do so not expecting to get into a car accident.  Likewise, people entering marriages are not expecting to get a divorce.  One in every two marriages ends in divorce, though, so it is not a bad idea to consider a prenuptial agreement in order to protect your assets.

There are many different requirements that must be met in order for a prenuptial agreement (also known as an antenuptial agreement) to be valid.  Both parties must sign the document.  Both parties must have consulted with a lawyer, or have the opportunity to consult a lawyer.  We strongly recommend that both parties seek counsel prior to signing a prenuptial agreement.  If both parties are represented by counsel, it becomes more difficult for either party to argue that the prenuptial agreement was not fair, or that they did not know what they were signing, down the road.  There must be a full disclosure of assets.  The document must also be signed at least one day prior to the marriage ceremony.

Antenuptial Agreements

Most people are familiar with the purpose of a prenuptial agreement.  They are usually done to protect premarital assets or future income.  It is important that you disclose all of your assets and income to your lawyer, and that these disclosures are included in the prenuptial agreement.  If they are not, you run the risk that the prenuptial agreement could be declared invalid.  It is also important to understand that there is no way to guarantee that a prenuptial agreement will be enforceable at the time of a divorce.  If a prenuptial agreement is challenged, the courts look to whether it was fair at the time it was executed, and fair at the time it is asked to be enforced.  If there is something “unfair” about the prenuptial agreement, the courts will not enforce it.  In that sense, then, prenuptial agreements cannot prove 100% piece of mind.  It is important that you discuss this concept with your lawyer.

If you are considering a prenuptial agreement, or if you have any concerns regarding a signed prenuptial agreement, then it is imperative that you speak to a professional.  Many couples consider discussing the possibility of divorce as taboo and will avoid the subject of prenuptial agreements.  However, consider an antenuptial agreement as a type of insurance – you do not expect to use it, but if you happen to face a divorce down the road, you will be grateful that you have it.

Contact Us Today

Marriage is one of the biggest commitments you will make.  It can also be one of the most exciting times in your life.  Don’t let it end in disaster by not taking the necessary precautions.  Contact our team of qualified divorce and prenuptial agreement lawyers at Gadtke & Beyer, LLC today at 952-345-8004 or fill out a form on the side of the page.

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Have questions? Feel free to contact Gadtke & Beyer, LLC today. We offer free consultations to all potential clients - call today at 952-345-8004.