Antenuptial Agreements in Minnesota
In Minnesota Family Law, an Antenuptial Agreement (also referred to as Prenuptial Agreement) is a contract between individuals in contemplation of marriage to allow them to control possible future legal issues such as Spousal Maintenance, Assets, Property, Real Estate, Businesses, Partnerships and Liabilities, as well as the legal process upon the possibility of divorce. This type of agreement is common in situations where there is preexisting business ownership, children from a previous marriage, or when one spouse brings substantially more assets to the marriage.
Benefits of an Antenuptial Agreement
One of the benefits of executing an Antenuptial Agreement before marriage is it allows the future spouses to control how they would like the process of a divorce to proceed, and not be bound by Minnesota Case Law or the Court System. The ability to create your own governing process before emotional conflict arises can possibly save time and costly attorney’s fees for a possible divorce down the road.
Minnesota Statute 519.11 controls the statutory requirements that are needed to have an enforceable Antenuptial Agreement. Some of the statutory requirements are full and fair disclosure by both parties, having the opportunity to consult with legal counsel, to be in writing, and to have two witnesses. There must be strict compliance with the statutory requirements in order for an Antenuptial Agreement to be enforceable. It is important to have proper legal counsel to ensure an enforceable Antenuptial Agreement.
Enforcement of an Antenuptial Agreement
Common cases where Antenuptial Agreements are found to be unenforceable is where there is not full and fair disclosure by both parties regarding income and property. If one spouse hides assets/income from the other the Antenuptial Agreement will not satisfy the statutory requirements. Also, assuming your future spouse should have known about an asset or had access to documents is typically not considered full disclosure. Rudbeck v. Rudbeck, 365 N.W.2d 330 (Minn. Ct. App. 1985).
At Lake Harriet Law Office we recognize the benefits of having an Antenuptial Agreement and the importance that it be properly executed. A personalized legal approach that is detail oriented is the foundation of our representation to you, the client.
Lake Harriet Law Office represents clients in Minneapolis, Edina, Bloomington, Golden Valley, Hopkins, Eden Prairie, St. Louis Park, Maple Grove, Plymouth, Minnetonka, Hennepin County, Ramsey County, St. Paul, Carver County, Wright County, Anoka County and Scott County.
Please call 612-750-4843, or complete the Contact Us form to schedule a consultation.
Attorney Randall A. Smith 612-750-4843
Attorney Amber C. Bretl 612-223-8925