Prenuptial, Postnuptial, and Cohabitation Agreements
Prenuptial agreements (also known as antenuptial agreements) are contracts entered into by a couple in anticipation of marriage, and frequently modify rights and obligations a divorcing party may otherwise have (such as a waiver of spousal maintenance or a waiver of property rights) in the absence of the prenuptial agreement. Married couples who qualify under Minnesota law may enter into postnuptial agreements. These agreements address property issues such as income, assets, and liabilities that may arise after the marriage in the event of divorce or death. These agreements may also provide for greater awards of property to children from previous marriages or to safeguard assets when one spouse brings substantially more resources to the marriage. Couples who do not intend to or cannot yet legally marry (i.e. same sex couples) may use cohabitation agreements to address these same issues should their relationship end.
Legal counsel to such persons includes drafting the agreements, representation during the negotiations of such agreements, fully explaining to clients the legal significance of an agreement and the ramifications of either having or not having an agreement, and providing representation for individuals when disputes arise as to the enforcement of such agreements.