Anoka Prenuptial Agreement Attorney
Helping You & Your Spouse Plan Ahead
A prenuptial or antenuptial agreement is a contract between two people who, prior to marriage, wish to pre-determine how finances and division of assets will be handled in the event of divorce or death. More Americans, especially Millennials, are choosing prenups to protect assets and financials than previous generations. On the other hand, many are also making postnuptial agreements, which is a contract between two married individuals who would like to make these same pre-determinations.
If you want to make a prenuptial agreement, let Bolt Hoffer Boyd Law Firm in Anoka help you from the beginning. Our prenuptial agreement lawyers know how to carefully approach the situation, so you and your spouse feel confident both in the agreement and your marriage.
Call (763) 292-2102 today. We look forward to hearing from you.
What is a Prenuptial Agreement?
A prenuptial agreement must be completed several days before the day of the marriage. It can also be done sooner. In either case, it is used to pre-determine certain aspects of a divorce should one ever occur.
The basic requirements of a valid prenuptial agreement in Minnesota are:
- There is full and fair disclosure of the earnings and property of each party; and,
- The parties have had an opportunity to consult with legal counsel of their own choice. It is not required that both parties have their own attorney, although it is highly recommended; and,
- The agreement is made in writing before being executed by the parties in the presence of two witnesses and then notarized.
What is a Postnuptial Agreement?
A postnuptial agreement is essentially a prenuptial agreement that is made after the marriage is officiated, not before. Whether pre or post, the contract sets forth the rights of each person and is valid and enforceable if it meets the requirements of Minnesota law. The requirements for a postnuptial are the same as a prenuptial, too.
Is a Prenup Right for Me?
If you are a Millennial, chances are you have chosen to wait until your late 20s or early 30s to wed. You probably focused more on your professional career. As a result, you have more assets to protect. Also, though, you and your betrothed may have accumulated debt. A prenup and postnuptial agreement can address the division of debts as well as assets.
Many people may be hesitant to discuss a prenup. They might fear repercussions from their partner or family members. They may dread disclosing some embarrassing financial revelations, revealing personal issues to an attorney, or unveiling unresolved relationship issues. Our Anoka prenup attorneys are here to explain to you why there should be no embarrassment felt when making such a relationship contract.
Do I need a lawyer for a prenup?
Yes, an attorney must be consulted when creating a prenuptial agreement in Minnesota to make sure it is not created incorrectly or in a way that heavily favors one of the soon-to-be spouses.
Do prenups actually hold up in court?
Yes, if a prenuptial agreement is made correctly and with the assistance of an attorney, then it should hold up in court. Prenups sometimes run into trouble when they are not made with a lawyer’s help, and they can be challenged by the court at that point.
Is a prenuptial agreement valid after 10 years?
By default, most prenups do not expire, so they are valid after 10 years. You and your spouse will need to agree to add a clause to the prenuptial agreement that makes it expire if that is what you want.
See If a Prenup is Right for You Today
Now might be the best time for you to discuss, plan, and secure your future. Do not lose another day to uncertainty. The knowledgeable Anoka prenuptial agreement attorneys of Bolt Hoffer Boyd Law Firm can assist with drafting a prenuptial or postnuptial agreement or reviewing one drafted by your future or current spouse.