Minnesota law allows prospective and married spouses to enter into prenuptial and postnuptial agreements that meet specific legal requirements. At Schnobrich & Streit LLC, we assist clients wishing to consider either type of agreement.

Prenuptial Agreements

A prenuptial agreement, also known as an antenuptial contract or prenup, is a legal contract entered into by prospective spouses prior to marriage. The agreement is designed to provide certainty or predictability after marriage by establishing the value of premarital assets in advance of the marriage and determining how the assets will be divided in the event of divorce. A prenup may also be used to set expectations and provide a defined path on the issues of spousal maintenance (alimony) in case of divorce.

Postnuptial Agreements

As the name implies, a postnuptial agreement is an agreement made during a marriage. This type of agreement generally serves the same purpose as a prenuptial agreement, but requires additional procedural steps in order to be legally enforceable.

A married couple may execute a postnuptial agreement if they anticipate a possible divorce yet are still amicable enough to craft a contingency plan through a postnuptial agreement. A postnuptial agreement also may be appropriate when a spouse receives a large gift or inheritance and wishes to safeguard the asset as their separate, nonmarital property in the event of divorce. Whatever the purpose of a postnuptial agreement, Minnesota law requires each spouse to be separately represented by legal counsel at the time of execution.

Legal Counsel for Prenuptial and Postnuptial Agreements

At Schnobrich & Streit, we routinely draft and review prenuptial and postnuptial agreements to meet the unique needs of prospective or married spouses. Lauren Snobrich and Angela Streit make the process as smooth and straightforward as possible. The primary goal is to ensure that the client understands the risks and benefits of entering into the agreement under consideration and can make a fully informed decision about whether to execute the legal document.

Prenuptial Agreement Litigation

In some situations, a spouse may later challenge the validity or enforceability of a prenuptial agreement on the basis that the agreement is substantially unfair or that the prospective spouse was coerced into signing. If issues of this nature arise, Lauren and Angela can assist in litigating the validity of a prenuptial agreement, either on behalf of a spouse seeking to contest a prenup or on behalf of a spouse wishing to defend against a challenge to a prenuptial agreement.