Understanding Your Prenup Attorney’s Role
A prenuptial agreement is an important document that can have lifelong implications. When you’re caught up in the excitement and romance of an engagement, it may be tempting to cut corners. You might consider going with a free or do-it-yourself prenuptial agreement.
These options can be a bad idea. In the event of a divorce, you may find that your prenuptial agreement is unenforceable in Minnesota courts. It may be missing crucial details, contain outdated information or generally lack the nuance that comes with a lawyer’s professional guidance.
Below, we discuss your attorney’s role in creating a prenuptial agreement in Minnesota—and why it’s critical to have your own representation.
Your Lawyer Will Make Sure You Meet the Legal Requirements for a Prenup in Minnesota
Your prenup attorney will make sure your prenuptial agreement meets the necessary requirements in order to be enforceable under the law. This means:
- There is full and fair disclosure of each person’s income and property.
- Each person has had a meaningful opportunity to consult with their own lawyer.
- The agreement is in writing, signed in front of two witnesses and acknowledged in front of the court.
- The agreement is entered into without duress.
- The agreement is written at least seven days before the marriage.
These requirements are set out by Minnesota law. (Minnesota Statutes Section 519.11 discusses both antenuptial and postnuptial agreements. It was amended by Chapter 101, Article 3, Section 1, during the 2024 Regular Session.) If any of these legal requirements are not met, the court may refuse to enforce the prenuptial agreement during divorce proceedings.
The Importance of Separate Legal Representation in Minnesota
The law requires that each spouse has a meaningful opportunity to consult with their own lawyers—not the same lawyer. That’s because a lawyer’s role is to represent the best interests of their client. One lawyer cannot represent the best interests of two people whose best interests may oppose each other.
To put things in perspective: Imagine that a couple is planning their wedding. One spouse stands to inherit significant family wealth that comes with tremendous family pressure to keep that wealth in the family. The other spouse has relatively little and may face hardship without their spouse’s financial support.
One lawyer cannot adequately protect one spouse’s family wealth and the other spouse’s financial stability. Trying to do so creates a conflict of interest.
Still, some people may try to get a prenuptial agreement written by one lawyer representing both parties. Even if an agreement was drafted and filed this way, it’s unlikely that the courts would enforce it in the event of a divorce.
Your Lawyer Makes Sure The Agreement Process Is Fair
When your attorney drafts your prenuptial agreement, they’ll make sure the agreement is fair. Mostly, this means ensuring that the process of drafting the agreement is done correctly.
Your lawyer will make sure the prenuptial agreement is properly negotiated, with each spouse having a chance to speak and be heard by the other spouse. They’ll also make sure you get enough time to thoroughly consider the agreement before you sign.
Your attorney will also help ensure that the agreement includes the full financial disclosure required by law. This will probably include creating a disclosure schedule that lists all of the assets, debts and income that belong to you and your spouse. The schedule can include a full range of financial items, including:
- Gross monthly income
- Retirement accounts
- Real estate, including rental properties and vacation homes
- Artwork, collections and other valuable items
- Vehicles
- Potential inheritances
- Outstanding debts
Minnesota courts may refuse to enforce prenuptial agreements that fail to disclose all assets and liabilities, especially in high-asset cases. In some cases, courts may even view intentional omission or concealment of valuable assets as fraud.
Every Situation Is Unique: Your Prenup Lawyer Will Customize the Agreement
Every couple’s situation is unique. Your lawyer can tailor your prenuptial agreement to your unique needs in a way that no do-it-yourself prenuptial agreement ever could. They’ll make sure you have a well-considered, carefully drafted agreement that’s personally tailored to your needs.
If you face one of these unique situations, it’s especially important to talk with an attorney:
- You or your future spouse own a business that you’ve built yourself or will likely inherit an interest in a family business.
- You’re getting married for the second time and want to make sure your estate passes to your children.
- You have children from a previous relationship and want to protect their best interests. (Note that you cannot include child custody or child support in a prenup.)
- You may inherit a substantial amount from your family one day.
- You are the beneficiary of a trust.
- You have complex health concerns.
As an experienced professional, your attorney will be well-equipped to dig into the matters you face. They’ll tailor your prenuptial agreement so that your interests are protected to the greatest extent possible.
Your Lawyer Will Help You Navigate Potential Conflicts
A prenup can sometimes create tension between you and your spouse-to-be. It may introduce stress and trigger some tough conversations. Your attorneys will act as neutral third and fourth parties who can make those conversations a little bit easier.
This can be especially helpful when one spouse is concerned about fairness or if there’s a significant wealth gap between you and your spouse. You should always feel that your attorney is on your side, guiding you through the process at every step.
Thinking About a Prenup? Get a Lawyer on Your Side
When considering a prenuptial agreement in Minnesota, don’t just do it yourself—make sure you have an experienced attorney on your side to protect your interests. White & Associates in Elk River helps clients with various family law matters, including prenuptial agreements. Get started by talking with our team today.
To talk with one of our lawyers about your prenuptial agreement, call us at 763-241-0477 or contact us online.
