When you get married, you can be caught up in such an enormous roller coaster of emotions, that it can be incredibly difficult to think practically. The thought of ever parting with one another is preposterous and an outrageous idea. Unfortunately, things do happen. Take Ben Affleck and Jennifer Garner, for example. These two hollywood lovebirds shared 10 years of marriage and 3 children together before deciding to stick a fork in the term, “Bennifer.” Over 50% of today’s American couples end their marriage in divorce. For this reason, it’s important to set up a proper prenuptial or postnuptial agreement! If you live in Minnesota, Kallemeyn & Kallemeyn is the perfect law firm to keep the drama low and the expectations high.
Also referred to as an antenuptial agreement, a prenuptial agreement is a document that clarifies to each party the rights that each person will have in the other person’s property, and/or income in the event of death or divorce. A prenuptial agreement is done prior to the date of the wedding and both parties must agree to the terms. If a family doesn’t have a prenuptial agreement and there is a death or dissolution of the marriage, the spouse may have certain legal rights to income and property assets that were owned by the other spouse, even prior to marriage.x
In the event that you find yourself married and want to either create an agreement or amend your current prenuptial agreement, a postnuptial agreement can be made. Minnesota governs both prenuptial and postnuptial agreements as long as both spouses are represented by separate legal counsel at the time. A postnuptial agreement is the same type of document that clarifies and enforces the logistics of what each spouse may have the rights to after death or divorce. However, in Minnesota, if a postnuptial agreement is made and then either party files for legal separation within 2 years of the date of creation, the agreement is no longer enforceable.
Minnesota statutes define marital property to be real or personal property, including both public or private pension plan benefits. This means, everything is up for grabs in a marriage. If you live in Minnesota and are planning to get married, or already have, it’s important to have your affairs in order before the unthinkable happens. Kallemeyn & Kallemeyn is here to help. Call us today at (763) 427-5131.