Ante-Nuptial (Pre-nuptial) and Post- Nuptial Agreements
Sadly, today divorce is a very real issue. Couples need to thoughtfully consider their options for protecting assets and personal property if a divorce were to occur.
An ante-nuptial agreement is a contract between two individuals who plan to marry. The contract is enforceable if the couple complies with the statute and case law and then marries. The purpose of the contract is to protect property brought into the marriage and provide for division of property acquired during the marriage. It can also determine the issue of spousal maintenance.
A post-nuptial agreement is similar to a prenuptial agreement except that it is created after the couple has married and has the requirement that both parties have an attorney. A postnuptial agreement outlines how property and finances will be divided in the event of a divorce; however, it is generally not enforceable if a dissolution is commenced within two years.
Both types of agreements are subject to fairness tests. Neither type of agreement can determine custody, parenting time or child support.
Meet With an Experienced Dakota County Lawyer
O’Connor Law and Medication PLLC assists individuals with a wide range of family law matters, including those who want to create Ante-nuptial and Post-nuptial agreements. Call 952.529.1961 to schedule a free consultation with an experienced Twin Cities family law attorney.