Prenuptial Agreements in Minnesota

With the recent news in England of Prince William and Kate Middleton’s engagement, there has been discussion in the media of whether or not a prenuptial agreement will be signed. Traditionally, prenuptial agreements are not given any weight in England because marriage is supposed to last forever. A very recent court decision there upheld a prenuptial agreement for the first time, which adds to the questions prior to this marriage.

In Minnesota, prenuptial agreements are considered by the court if the parties have one. A prenuptial agreement allows one or both parties to preserve any assets that they had going into the marriage from being considered marital property upon a divorce. Another term that may be included in a prenuptial agreement is what kind of rights each spouse will have to inherit from each other’s estate; this is commonly used when one or both spouses have nonjoint children. Also, a prenuptial agreement may address any future claims for spousal maintenance.

It is not uncommon for a prenuptial agreement to be challenged at the time parties decide to divorce. With that being said, it is important to have a very well-drafted document written by an attorney so that the document is able to stand up against the challenges. Prenuptial agreements are technical in nature and if you are considering having one for your marriage, it is worth the investment to have it drafted by a professional.