With statistics indicating that as many as one in three marriages ends in divorce, it’s no surprise that prudent couples often consider prenuptial or postnuptial agreements to govern the division of assets and liabilities if the marriage ends. At Appelhof, Pfeifer & Hart, P.A., we draw on our more than 35 years ’ combined experience to help you understand the advantages of marital agreements. They are not only for the wealthy. Anyone going into a marriage with assets or children from a previous marriage should consider a prenuptial agreement. Even if you’ve already said, “I do,” it’s not too late to enter into a postnuptial agreement.
Under Minnesota law, a prenuptial agreement, also known as an antenuptial agreement, is a contract between prospective spouses. Though once stigmatized as a bad omen for a marriage, antenuptial agreements are more common as people are marrying or remarrying later in life. These agreements allow the parties to protect assets they acquired before the marriage, limit spousal maintenance claims and complement an estate plan.
A postnuptial agreement is similar to an antenuptial agreement, but as its name indicates, it is entered into after a couple is already married. It is important to note that neither a prenuptial nor postnuptial agreement can govern issues involving children, such as who will get custody or how parenting time will be divided.
A prenuptial or postnuptial agreement is valid in Minnesota if:
Under Minnesota law, a postnuptial contract is presumed to be invalid if either party commences an action for a legal separation or dissolution within two years of the date of its execution, unless the spouse seeking to enforce the postnuptial contract can establish that it is fair and equitable.
Appelhof, Pfeifer & Hart, P.A. delivers intelligent and thorough legal representation for family law clients throughout Minnesota, including in Washington County, Dakota County, Burnsville, Eagan and Woodbury, MN. Consultations are free, and flexible scheduling is available. Call us at 651-760-7524 or contact us online to arrange an appointment.
"Tori had a thorough understanding of my situation and made excellent recommendations to resolve my concerns. She was persistent on communication and handled everything in a very timely manner. I would definitely hire her again in the future if needed." - M.K.
"With Appelhof, Pfeifer & Hart, P.A., it is like having a family physician. They are all knowledgeable, thorough, comforting, and the only call I need to make for all my legal needs for many years to come. No matter what the matter, I totally trust their advice and commitment to me and my family." - J.N.
"Mary from APH Law helped me thru a difficult divorce. She and the entire staff was there for me every step of the way helping me on what to do next. They listened to what I wanted and helped me achieve what matter the most to me in the divorce settlement." - Dana C.
"I chose APH after my initial consultation with Mary. I felt my best interest would be represented. The entire process went excellent, the attorneys and staff communicated effectively and efficiently with me throughout the process as they needed to. Being new to the legal process and verbiage, they walked me and talked me through the next steps and the jargon, I felt completely comfortable and represented. I hope I never have to use legal services again but if I do I will call Mary at APH Law and know that I will be taken care of." - Jeff M.
"Divorce is a time of emotion and stress. Mary Pfeifer , My lawyer was professional and compassionate. She was very informative through the process. Her insight helped me in my decisions. She worked hard to obtain a settlement which was fair to both parties. Though, I hope I won't need her help again. It is reassuring to know a good person that is willing to help." - Rod S.
"I first came to Ms. Jacquelyn Lutz of Appelhof, Pfeifer and Hart in October of 2016. It was definitely the worst time in my life and she compassionately spoke with me about my options. Ms. Lutz thoroughly explained the laws, statutes, process and what to expect going forward. What was supposed to be one case, turned into three intricate cases that took a huge toll on me and my family. Ms. Lutz represented me in court on all three cases with a vast knowledge of the laws and how to proceed accordingly. During all three cases she kept me informed, calm, gave me resources to utilize, and (most important) gave me a realistic view of what may come next. Ms. Lutz knew each case required a great deal of knowledge and creative thinking on how to legally proceed forward with each case. My family and friends are forever grateful for the amazing representation by Ms. Lutz. I highly recommend Ms. Lutz for anyone needing or considering superb representation for any kind of family law. " - M.H.