Prenuptials Agreement Attorney In Anoka, Minnesota
A prenuptial agreement is an agreement that is legally binding and it is signed before a couple gets married. The document dictates how assets are to be distributed if the couple would ever dissolve the marriage. This “prenup” can make the divorce process much easier if it ever happens. It can also save a great deal of money throughout the process.
If you need to have a prenuptial agreement drafted or you need to file for divorce and utilize one in the divorce proceedings, Christian Peterson is an experienced Anoka divorce lawyer who can draft an effective prenuptial agreement and also help you through the divorce process.
Preparing You For The Future
Just because a couple decides to have a prenuptial agreement drafted doesn’t mean they will ever get a divorce. However, couples that do opt to have the agreements created understand that there are times when life and feelings can change. While that is never their intention, they recognize the reality in the fact that it can change. It is not a declaration of not being able to trust, but, in the case of divorce, a couple that can’t agree may be subject to the decision of a judge. A prenuptial agreement outlines everything so that a couple’s disagreements are minimized and so a judge doesn’t have to decide their fate.
Prenuptial agreements are very common in second marriages because at least one spouse has been through a divorce before and they may have children that they want to financially protect.
Helping You Enforce A Prenuptial Agreement
In order for the prenuptial agreement to be enforceable, it must contain a fair and full disclosure of property and earnings. Each side must have the opportunity to consult with a Minnesota divorce attorney and the agreement must be in writing. Both of the parties also have to provide a statement of income and assets.
The court will enforce the prenuptial agreement unless the agreement is found to be unfair at the time of the divorce. In this case, the prenup may not be enforced because the circumstances in which the agreement was based changed a great deal, making enforcement of the agreement not consistent with the expectations of one or both parties.
Understanding Postnuptial Agreements
If you are already married, you can have an agreement drafted that dictates what would happen if the marriage would end. This is called a postnuptial agreement and it is very similar to a prenuptial. The only differences include the fact it is drafted after marriage and there are additional procedural requirements in order for it to be enforceable. Your prenuptial agreement attorney will be able to help you draft a sound agreement and will advise you as to the requirements for its enforcement.