Prenuptial Agreement

Divorce Lawyer In Mankato, MN

mankato lawyerMarriage is a life event that changes everything from your legal status to whether or not you make decisions on your own. You enter into a partnership that is designed to be for a lifetime. However, there are times when marriages do not last a lifetime. This is not something you know from the beginning because the intention is to be married forever.

Through a prenuptial agreement, a couple has a legally binding agreement that protects assets in case the marriage does dissolve. If you wish to have a prenuptial agreement drawn up so your assets are protected, Birkholz Law, LLC can help you. You will work with a Southern Minnesota prenuptial agreement attorney who will listen to your wishes and make sure everything is secure so that you do not lose a significant amount of money or assets in the case of a divorce.

Couples That Benefit

A prenuptial agreement is not a sign that there is a lack of faith in the marriage. A prenuptial agreement is simply an acknowledgement that anything could happen. For the agreement to be enforceable, it needs to have a full and fair disclosure of the property and earnings of each party. Each party must also consult with their own Mankato prenuptial agreement attorney. The agreement must be written and there must be a statement of the income and assets of both parties.

The agreement is unenforceable if it is found to be unfair if a divorce does happen. The court may find that the agreement cannot be enforced if the circumstances in which the agreement was based have changed a great deal. In fact, the agreement could have changed so much that the enforcement would not be consistent with the expectations the parties had when the contract was created.

Postnuptial Agreements

Even if you and your spouse are already married, the two of you can create an agreement that states what would happen if your marriage would end. The postnuptial agreement is very similar to a prenuptial agreement, but there are some procedural requirements that are different in order for the agreement to be enforceable.

You will want to speak to your attorney about how a postnuptial agreement can benefit your specific situation and what needs to be done to have this agreement created. This is not an agreement that signifies trouble in the marriage. There are many married couples who turn to a postnuptial agreement when everything is fine. If a divorce would occur, the division of assets can be made easier, which means less time has to be spent on this particular area.

Family Law Lawyer in Southern Minnesota

A prenuptial agreement is not a negative thing, but it is something that can protect assets in case the marriage would ever end. If you are getting married and you have assets you want to protect for your sake or for the sake of your children whose futures you want to protect, a prenuptial agreement can do that. At Birkholz Law, LLC, we can help you protect what is yours in case your marriage dissolves. To schedule a free consultation, call the Mankato office at 507-387-2100, the Westbrook office at 507-274-6501, or the St. James office at 507-375-3374 today.