ESTATE & TRUSTS

PRENUPTIAL (ANTENUPTIAL) AGREEMENT

Nuptial agreements are not an indication that either spouse believes that their marriage will fail. However, it is impossible to predict the future, so some may want to have a plan in case the marriage does fail at any point. No one gets married with the intention of ever getting divorced, so for most, a nuptial agreement is simply a safeguard that most couples never have to use.

There are several reasons why a couple may wish to establish a prenuptial (before marriage) or postnuptial (after marriage) agreement including:

  • Defining the respective rights of the parties in the case that they divorce
  • Defining how both parties will handle income during the marriage
  • Clarify how both parties will define marital and non-marital assets that are acquired during the marriage
  • Clarify how debts are paid during the marriage and how those debts will be characterized
  • Determine the rights of each spouse in the case one passes away. (Minnesota law states that one spouse may not deprive the other of their marital share in a will, but a spouse may waive their marital share within a prenuptial agreement.)

As you can see, a prenuptial or postnuptial agreement isn’t just a safeguard against the dissolution of a marriage. It is a tool used to plan for the future.

ENFORCEMENT

When a prenu