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Minnesota Prenuptial Agreements: Protecting Your Property

Kim Kardashian's divorce follows a very short marriage and a strict prenuptial agreement. According to the news media, the prenup signed by Kim Kardashian and Kris Humphries keeps all assets separate. This means that both spouses will retain everything they earned and their income will not be divided during the divorce.

Prenuptial agreements / premarital agreements aren't just for stars. Many people can benefit from creating a well-drafted prenuptial agreement before marriage. Most likely, your marriage will last longer than the 72-day Kardashian/Humphries marriage. It may even last forever. However, it is wise to prepare for all possibilities.

In Minnesota, there are specific standards that courts follow to determine whether a premarital agreement is valid:

  • Premarital agreements must be drafted and signed before the day of marriage.
  • Both fiancés must have the opportunity to consult with an attorney.
  • The parties must fully disclose all property and earnings.
  • The premarital agreement must have been signed before two witnesses.
  • The agreement must be substantially and procedurally fair.

Whether or not to sign a prenuptial agreement is a choice that fiancés must make together. Now, before the marriage, is the time to make important decisions, such as: What should happen to the money each spouse makes in the marriage and who should own the marital home in the event of a divorce?

Prenuptial Agreements and Divorce

During divorce proceedings, the judge will review your prenuptial agreement to ensure that it was procedurally and substantially fair. If the agreement is held to be legally valid, the prenuptial agreement will likely hold in court.

Speak with an experienced Minnesota divorce lawyer before drafting or signing a prenuptial agreement. A knowledgeable divorce attorney can also help you evaluate how your premarital agreement will impact your divorce.

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