At times, it may be necessary to reach a prenuptial agreement prior to getting married.
A prenuptial agreement is a document which clearly labels the property and/or money that each person is bringing into a marriage.
For example, a wife-to-be may own a home which is titled in her name alone. Additionally, the husband-to-be may have a car that is titled in his name alone. Both parties may wish to state which party has the legal ownership to each piece of property prior to marriage.
A legally binding contract
A prenuptial agreement is a legally binding contract which clearly sets out the ownership of non-marital property.
In the example above, the wife would list the house as her separate, legal property and the husband would list the car as his separate, legal property.
A prenuptial contract is drafted by a lawyer and the husband and wife sign the contract.
If a divorce or separation occurs, the husband and wife are bound by their agreement and the property is not available for division by the court.
Second Marriages
Prenuptial agreements can arise in a variety of situations. Talking with a Minnesota prenuptial agreement lawyer is a good place to start.
The need for prenuptial agreement often arises in second marriages when older, previously married persons remarry.
These people may want to ensure that children from a prior marriage are still entitled to receive their inheritance even if the person remarries.
In this case, the prenuptial agreement is a great vehicle for easily deciding who gets what upon death or divorce.
Free Initial Consultations
Contact the Flanders Law Firm LLC today. The firm offers free consultations to all potential clients. Call (612) 424-0398.
Divorce Law | Marital and Non-Marital Property « Family Law & Divorce Blog
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