Antenuptial Agreement Attorneys in Minnesota, Wisconsin, and North Dakota
Marriage is not only a personal commitment—it’s also a financial partnership. Antenuptial agreements, commonly referred to as prenuptial agreements, are legal contracts entered into before marriage to determine how assets, debts, and property will be handled in the event of divorce or death. These agreements are particularly useful for individuals with significant assets, business ownership, children from a prior relationship, or complex estate planning goals.
At Lommen Abdo, our antenuptial agreement attorneys provide tailored legal guidance to help couples in Minnesota, Wisconsin, and North Dakota create clear, enforceable agreements that promote transparency and peace of mind.
What Is an Antenuptial (Prenuptial) Agreement?
An antenuptial agreement is a contract between two individuals planning to marry. It outlines how property and finances will be handled during the marriage and when the marriage ends, either by divorce or death of a spouse. While often associated with high-net-worth individuals, prenuptial agreements can benefit anyone who wants clarity and control over their financial future.
These agreements may cover:
- Division of marital and non-marital property
- Spousal maintenance (alimony) obligations
- Treatment of premarital debts
- Inheritance rights and estate planning provisions
- Business ownership and succession planning
Antenuptial agreements must be signed before marriage and require full financial disclosure by both parties. They can help prevent future disputes, simplify divorce proceedings, and protect each party’s individual interests.
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Why Consider an Antenuptial Agreement?
Many couples choose antenuptial agreements to reduce future uncertainty and align their financial expectations before marriage. Common reasons include:
- Protecting Business Interests: A prenuptial agreement can shield a business from being divided during divorce.
- Preserving Inheritance Rights: These agreements are useful for individuals who want to pass wealth to children from a prior relationship.
- Clarifying Financial Roles: Couples can outline how expenses, savings, and debts will be managed.
- Avoiding Lengthy Divorce Proceedings: An antenuptial agreement can make asset division more efficient if the marriage ends.
- Strengthening Communication: Discussing and agreeing on financial matters before marriage can promote openness and trust.
- Protecting and Preserving Non-Marital Property: A prenuptial agreement helps ensure assets owned before the marriage—such as real estate, retirement accounts, investments, or family heirlooms—remain with their original owner and are not later reclassified as marital property.
Legal Requirements for Antenuptial Agreements in MN, WI, and ND
To ensure enforceability, antenuptial agreements must follow specific legal standards, which vary slightly by state. Generally, an antenuptial agreement must be:
- Voluntarily Executed: Both parties must enter the agreement willingly, without pressure or coercion.
- Fair and Reasonable: Courts are more likely to enforce agreements that do not heavily favor one party over the other.
- Based on Full Financial Disclosure: Each party must disclose assets, debts, and income before signing.
- Signed Before the Marriage: Antenuptial agreements are invalid if signed after the wedding.
- Supported by Independent Legal Counsel: In Minnesota, both parties must be represented by separate attorneys for the agreement to be enforceable.
Our experienced attorneys guide you through each step to ensure that your agreement meets all legal requirements and reflects your intentions.
Antenuptial Agreements and Estate Planning
Prenuptial agreements play an important role in estate planning. They can help ensure that specific assets remain separate property and are distributed according to a will or trust. Our team works closely with clients to integrate antenuptial agreements into a broader estate plan to preserve family legacies and honor individual intentions
Your Prenuptial Agreement Attorneys in MN, WI, and ND
Lommen Abdo’s family law attorneys have years of experience drafting, negotiating, and reviewing antenuptial agreements. We take the time to understand your goals and develop personalized agreements that provide clarity, protection, and peace of mind.
Whether you’re getting married for the first time, entering a second marriage, or protecting your business interests, we can help you navigate the legal and emotional aspects of prenuptial planning.
Frequently Asked Questions
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Do I need a lawyer for a prenuptial agreement?
Yes. In Minnesota, both parties must have separate legal representation for the agreement to be valid. Independent counsel ensures each party understands their rights and obligations.
Can a prenuptial agreement include child custody or child support provisions?
No. Courts determine child custody and support based on the best interests of the child at the time of separation or divorce, regardless of any prior agreement.
Is a prenup only for wealthy individuals?
Not at all. Prenuptial agreements benefit couples at all income levels by providing financial clarity and avoiding future disputes.
Can we update our antenuptial agreement later?
Yes, butonce you’re married, you must create a postnuptial agreement to change or update the terms.
What happens if we divorce without a prenuptial agreement?
State law will determine how your property is divided and whether spousal maintenance is awarded. Without a prenup, you lose control over how these decisions are made.
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Do you have a legal question? Contact us today. We are here to help you!