After a couple is legally married, they can choose to enter into a postnuptial agreement. This document states what each person is entitled to receive in the event of a divorce or separation.
In these instances, people might presume that the spouse with the most power could pressure the other spouse into agreeing to what may not be in their best interest. However, it takes a dedicated marital agreements attorney to explore all options fair to the family. If you or your spouse are seeking control over marital assets that could be argued over later in the marriage, our Mankato postnuptial agreement lawyers should discuss this agreement with you now.
Postnuptial agreements are contracts. Like all legal agreements, they involve the parties exchanging something of value, which is called consideration. This means the more powerful spouse cannot demand that the less powerful spouse sign away rights without getting something of value in return. The spouse presented with the agreement must have adequate time to review the terms with a lawyer, and full financial disclosure is expected.
Minnesota Statutes § 519.11 covers both prenuptial and postnuptial agreements. As you can see, there are certain requirements that must be followed in order to have a valid agreement. One big requirement is that both parties must have an attorney; this is a bit unique in Minnesota law, as there is no other area of the law that requires a lawyer.
Our Mankato lawyers provide postnuptial agreements suitable for our client’s needs and review those presented for a spouse to sign. Our decades of experience and status as one of the largest family law firm’s in Southern Minnesota ensure that this stressful process protects their needs now and into the future.
Family court judges can set aside a postnuptial agreement, even if both spouses sign it. Invalidating an agreement occurs when it is unreasonable, and a decision is heavily based on a review of the spouses’ ages, education levels, financial strengths, and health. Other reasons include:
Before signing any document, consult a Mankato postnuptial agreements attorney who can protect a person from pitfalls and missteps.
Minnesota recognizes only one ground for divorce, which is when a marriage is irretrievably broken. The couple can petition jointly for a divorce decree, in which a valid postnuptial agreement can play an integral part. The state also grants legal separations that benefit parties holding postnuptial agreements.
As a Mankato attorney can attest, divorce proceedings can be complicated for couples, and it is in the family’s best interest to work out sensitive details about who gets what beforehand, memorializing them in a postnuptial agreement contract.
Even though all couples enter marriage with high hopes for a lifelong partner, unexpected events can happen, and your circumstances can change. A Mankato postnuptial agreements lawyer could help you to consider how a postnuptial agreement can protect you.
Our lawyers have a proven track record of beneficial outcomes for our family law clients. Meet with us to learn what we can do for you during an initial consultation.
