At Tuft, Lach, Jerabek & O’Connell, PLLC, our family law attorneys regularly advise individuals considering marriage on how to protect their financial interests through prenuptial agreements (also known as antenuptial agreements). These agreements can be an important planning tool for couples who want to establish clear expectations and reduce uncertainty in the event of divorce or death.
What is a Prenuptial Agreement?
A prenuptial agreement is a legally binding contract entered into by two people before they are married. It typically outlines how property will be divided if the marriage ends or upon death. Prenuptial agreements may decide the following:
- Determine what rights each party has in marital and nonmarital property.
- Provide for spousal maintenance.
- Determine the rights each party has in the estate of the other.
For policy reasons, parties cannot agree to child custody or child support terms in the prenuptial agreement.
Who Should Consider a Prenuptial Agreement?
While often associated with high-net-worth individuals, prenuptial agreements can benefit a wide range of people, including:
- Those entering a second or later-in-life marriage.
- Individuals with significant premarital assets or business interests.
- Parents who wish to preserve family wealth or inheritance.
- Anyone looking for greater financial transparency and predictability.
- Individuals with unique assets to preserve or other unique circumstances.
Requirements in Minnesota
In Minnesota, prenuptial agreements must meet very specific procedural standards to be enforceable. These include:
- A full and fair disclosure of each party’s assets and debts.
- The meaningful opportunity to consult with an attorney.
- Voluntary and informed consent without coercion or duress.
- Proper execution in writing and signed before two witnesses and a notary public.
- Executed at least seven days before the wedding.
How We Help
Since prenuptial agreements address the circumstances in the event of death and divorce, we are one of the few law firms in Minnesota that have both an estate planning attorney and a family law attorney meet with our clients to work on the agreement as a team.
Our attorneys work closely with clients to personalize prenuptial agreements that reflect their values and goals. We prioritize creating agreements that will stand up to legal scrutiny and promote trust between partners.
Start the Conversation Early
The best time to begin discussing a prenuptial agreement is well before the wedding date. Because the agreement must be signed at least seven days before the wedding, starting early helps ensure that both parties have the time and space to make informed decisions and avoid unnecessary stress.
Contact Us
If you’re considering marriage and want to learn more about how a prenuptial agreement can support your financial future, contact Tuft, Lach, Jerabek & O’Connell, PLLC. Our experienced team is here to help you navigate the process with confidence and care.
