Podcast: Prenuptial Agreements & Postnuptial Agreements: Purpose, Content & Enforceability In Minnesota

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In this edition of The Family Law Show, Jason Brown summarizes the law, purpose and contents of nuptials- whether pre, ante, or post. The law in Minnesota is clear: nuptials must be both procedurally and substantively fair in order to be enforceable. But what does that mean? Topics addressed in this podcast include: typical clients who seek nuptials, the difference between a prenuptial agreement (or antenuptial agreement) and a postnuptial agreement, the specific criteria the court will use in scrutinizing nuptials and a general framework for an effective prenuptial, or postnuptial, agreement. Run Time: 15:16 « Continue »

Prenuptials Right For Me? Recession (And Perhaps Tiger) Changing The Mindset

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We were browsing the California Divorce Blawg yesterday and fellow family blogger John E. Harding highlighted a recent article by Laura Petrecca in USA Today on prenuptial agreements. At least once a week our firm is contacted by a soon-to-be bride or groom, who have taken time away from cake, dress and music selections to ask that age-old question: what if? Here's what Petrecca reports: Specific data about the often-complex contracts don't exist, mainly because prenups fall into the area between family law and estate planning, so there is no single trade group continually tracking trends, says Steve Hartnett, associate director of education for the American Academy of Estate Planning « Continue »

Prenuptial Agreements In Minnesota

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Minnesota law recognizes the right of the parties to a marriage to rewrite the laws concerning marital dissolution and, instead, contract concerning their rights and obligations should their marriage fail. This can be done in one of two ways.  If the parties wish to enter into an agreement prior to their marriage, they will execute a prenuptial agreement.  If the parties wish to enter into such an agreement after the date of marriage, they will execute a postnuptial agreement.  These two documents are treated very similarly under the law, so they will be discussed collectively here.  However, it is critically important to note that a postnuptial agreement is not valid unless both parties « Continue »

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