MN Prenup Attorney | Do I Need a Prenuptial Agreement?

Marriage is a major decision in a person’s life. You’re in love, you’re planning a wedding – a celebration that often takes place in front of loved ones – and you’re thinking about the life you are about to build with your soon to be spouse. You’re likely not thinking about a prenuptial agreement – but maybe you should.

One aspect of marriage that people don’t always consider until after the “I dos” is that getting married is a legal contract that you enter with your partner. In a marriage, each spouse has certain rights and responsibilities, particularly when it comes to ownership and control of property and other assets.

Before you walk down the aisle, it is important you understand how your rights will be affected once you are married. One way to have more control over your rights is through a prenuptial agreement.

Asking for or being asked to sign a prenuptial agreement is nothing to become upset or offended over. It’s an important matter that should be addressed but it won’t kill the romance — as long as you don’t take it personally. When it comes to dealing with a prenup, it is always best to consult with a lawyer.

If you are getting married and want to look further into protecting your rights and assets prior to the big day, the team at Morris Law Group can help you navigate the process, taking the stress off you so you can focus on planning for the joyous occasion ahead. Morris Law Group is the best Minnesota law firm for all of your family law needs. We advocate for our clients with professionalism, empathy, and with a results-driven approach. For more information or to book a free consultation, call 952.832.2000 or email info@morrislawmn.com.

In Minnesota, prenuptial agreements are referred to as “antenuptial contracts.”. When drafted properly, a prenuptial agreement will control how assets and liabilities are divided, and whether or not alimony (spousal maintenance) will be paid – if the marriage should one day end in divorce.

It’s important to note that prenuptials typically can’t include provisions that relate to child support, child custody, or parenting time.

Some reasons you might consider a prenuptial agreement include:

• You earn significantly more than your soon-to-be spouse – A prenup can be used to limit the amount of alimony that is payable following a divorce.
• You have less money than your soon-to-be spouse – Prenuptial agreements aren’t just about protecting the wealthy, they can also be used to protect the financially weaker partner, ensuring that they are properly compensated in the event of a divorce.
• You are remarrying – If you have children from a previous marriage, a prenuptial agreement will ensure that their property rights are protected. Inheritance laws tend to favor the current spouse, and without a valid prenup in place, children from a previous marriage may not be provided for according to your wishes.
• You are a business owner – If you own a business, a prenup can ensure that should your marriage end, your spouse will not gain a controlling interest in that business.
• Your soon-to-be spouse has significant debts – If you are marrying someone with a high debt profile, you may be held responsible for those debts should your marriage end. A prenup can protect you from assuming the liabilities of your spouse.
• You plan to be a stay-at-home parent – Quitting your job to raise a family can have a negative impact on your career trajectory and your earning potential. A prenup can ensure that you are properly compensated for the years you have spent outside of the workforce.

In Minnesota, prenuptial agreements must be in writing; signed in the presence of two witnesses and a notary and entered into prior to the solemnization of the marriage.

For a prenuptial agreement to be a binding legal contract, it should be prepared by a lawyer who is experienced in matrimonial law, and well-versed in the laws governing marriage contracts. Contract drafting by a most experienced attorney is mandatory – as many counts frown upon prenuptial agreements and will look for any technical drafting reason to not enforce them.

The experienced Minnesota prenup attorney at Morris Law Group believes that relationships matter, whether a client is trying to navigate a prenuptial or postnuptial agreement, determine assets or protect the financial interests of children being brought into a marriage. Our attorneys provide personalized, compassionate and cost-effective legal services. Call us today to arrange for a free consultation: 952.832.2000.

We’re here to help.

About Morris Law Group 

At Morris Law Group, we don’t just counsel our clients. We invest in them.

Our attorneys have been serving the Edina and Twin Cities communities since 1974. Our attorneys provide personalized, cost-effective legal services to clients seeking help in real estate, business development, commercial litigation, bankruptcy, loan modification, debt reorganization, personal injury claims, family law, and other matters.

Our experienced attorneys believe that relationships matter, whether a client is trying to get through a divorce, buy real estate, file a personal injury claim, declare bankruptcy, navigate a purchase agreement, get a business off the ground, or dissolve a partnership. Our lawyers appear regularly in state and federal court, in administrative hearings, and in various alternative dispute resolution forums, including mediation and arbitration.

Morris Law Group is a highly-skilled Minnesota law firm for all of your real estate, business, bankruptcy, and family law, and personal injury legal needs. We advocate for our clients with professionalism, vigor, and with a results-driven approach.

Let’s get started today! For more information or to book a free consultation, call (612) 895-1629. You also can fill out our confidential contact form.