When I hear or read about a possible or pending high profile divorce in the media, I admit that one of my first thoughts as an attorney is whether the parties signed a Prenuptial Agreement and if so, whether the agreement will be challenged.  In situations similar to Tiger Woods, the media has focused on allegations that the Prenuptial Agreement is being re-negotiated to save the marriage.

Prenuptial Agreements (also called Antenuptial Agreements), are contracts that are signed before a marriage specifying how assets will be divided if a divorce occurs or upon death.  These agreements can also address spousal support and division of debt.

Generally, a Prenuptial Agreement is prepared and signed when one or both of the parties own significant assets (could be a home, a business, a right to royalties or inherited property) prior to the marriage.  The intent of these agreements is often to define disposition of assets that may increase in value during the marriage.  Under Minnesota law, the increased value of a non-marital asset is presumed to be marital absent specified circumstances.

Under Minnesota law, the validity of a Prenuptial Agreement depends upon certain factors, including, a full and fair disclosure of income and property in the Agreement, prior opportunity to consult with independent counsel before signing, completion of the document prior to the marriage ceremony and such logistics such as signing in front of two witnesses and a notary public.

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Minneapolis, MN family law attorney Geri Napuck delievers personalized representation to the Twin Cities. She practices exclusively in the area of family law and has extensive experience representing clients in divorces, child custody issues, parenting issues, property division, spousal maintenance, post-divorce matters, paternity and most recently has added pet mediations to her list of mediation services.

Contact attorney Geri Napuck today to schedule a free 30 minute phone consultation. She is ready to listen and will meet with potential clients or clients outside of her four office locations in the Minneapolis metro area.

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