Divorce happens. However, almost every couple will assume that it will not happen to them. The harsh reality is that your happy marriage could end in divorce down the road. If so, you will want to be prepared. A prenuptial agreement, also termed as an ante nuptial agreement, is a legally binding contract that a couple will sign before walking down the aisle that determines how their assets will be divided in the event the relationship dissolves.
All couples can benefit from signing a pre-nuptial agreement. You may want to consider a prenuptial agreement in the following instances:
A prenuptial agreement will outline how the assets will be divided in the event of a divorce. This will include any assets, estates, and debts that you and your partner have collected before you are married. It may also outline how you will distribute the assets you gain while you are married. Keep in mind, however, that a prenuptial agreement will not eliminate all legal complications surrounding the divorce, especially if you have children together. You will still need to contact an attorney to discuss child support, visitation rights, and child custody.
Many couples are weary about discussing the question of a prenuptial agreement. After all, it may seem like bad luck to discuss divorce before the wedding has even taken place. A prenuptial agreement is not an indicator that your marriage will collapse. It is a smart move to protect your assets and limit the headache if the marriage does end. We all purchase home, and car insurance but this does not mean we expect to be in an accident. It is simply a way to avoid any legal complications down the road.
Find more information on post-nuptial agreements here.
If you are considering getting married and are looking into the question of a prenuptial agreement, then it is important you speak to a qualified attorney. A prenuptial agreement is only valid if both parties agree and sign the legal document and if both parties have a chance to consult with a lawyer. Feel free to contact our Minnesota family law firm.