Easy Questions  
Free Legal Documents

Do I Need a Lawyer for a Prenuptial Agreement in Adolph, MN

Do I Need a Lawyer for a Prenuptial Agreement in Adolph, MN


It is not a lack of love, but a lack of friendship that makes unhappy marriages.
 
- Friedrich Nietzsche


A prenuptial agreement can be a great tool for couple to establish the financial rights of each spouse in unfortunate event of a divorce including protecting a family business, securing personal assets, and taking care of children.

In some states each party is required to have an attorney and in some states you don't need a lawyer to create a prenuptial agreement. A prenup must be in writing to be legally valid in every state. It is in your best interest to use an attorney drafted Prenuptial Agreement. Check out a free preview of an attorney drafted Prenuptial Agreement at 1-2-Law.com.

Both parties must voluntarily execute the agreement, engage in full disclosure of their assets and liabilities and must sign the document in the presence of a notary public. Rules for prenups vary from state to state, and each contract will be evaluated on its individual merits. Some states require legal representation for both parties.

There are several conditions that can make a prenuptial agreement unenforceable: 1) the agreement is fraudulent because one party undervalued assets or failed to disclose them at all; 2) the agreement was coerced, signed under duress or signed without mental capacity; 3) one party didn't read the document before signing; 4) one spouse was given no time for consideration; 5) the paperwork wasn't properly signed and executed; 6) one party signed without proper legal representation (some states require it); and 7) The agreement is egregiously lopsided or contains invalid provisions such as no child support, frequency of sexual relations, visits by in-laws, etc.

The first step in the process is for the couple to agree on the essential terms of the prenup. Even in draft format, these terms should be in writing so that there is no miscommunication or misunderstanding. If prenup is drafted by a lawyer who is working for one party, it may be one-sided and adversarial and may hurt to process of getting to an agreement.

While prenups are often used to protect the assets of a wealthy fiancée, a couple with children from prior marriages may use a prenup to spell out what will happen to their property when they die, so that they can pass on separate property to their children. Without a prenup, a surviving spouse might have the right to claim a large portion of the other spouse's property, leaving much less for the kids.

Couples with or without children, wealthy or not, may simply want to clarify their financial rights and responsibilities during marriage. Or they may want to specify in advance how their property will be divided and whether or not either spouse will receive alimony (some states won't allow a spouse to give up the right to alimony). Prenups can also be used to protect spouses from each other's debts.

If you don't make a prenuptial agreement, your state's laws determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death. Property acquired during the marriage is known as either marital or community property. State law may even have a say in what happens to some of the property you owned before you were married.

In summary, for a prenup to be effective, the prenup must be: 1) written (oral prenups are not valid); 2) executed voluntarily and without coercion; 3) executed only after full disclosure of assets and/or liabilities; 4) conscionable; 5) executed by both parties, preferably in front of witnesses (or a notary) and 6) written in a recordable format.

Only you can decide if hiring a lawyer is right for you. Check out 1-2-Law.com for listings of lawyers in your neighborhood.
 
Personalize & Print a Free MN Premarital Download this Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
 
Personalize & Print a Free MN Power of Attorney Download this Document
Page 1
Page 2
Page 3
Page 4
Page 5
Related Legal Services near Adolph, MN
Walsh & Gaertner, P.A.
24 4th St E
Saint Paul, MN 55101
(651) 228-9968
Criminal Law Attorneys,  Family Law Attorneys,  Social Security & Disability Law Attorneys,  Persona
Sunray Law Office
PO Box 67
Brainerd, MN 56401
(218) 270-9938
Attorneys, General Practice Attorneys, Legal Service Plans
Austin Advocacy and Law Center
212 2nd Ave N
Minneapolis, MN 55401
(612) 200-9919
General Practice Attorneys, Attorneys, Legal Service Plans
McNeilly Law Firm
333 Washington Ave N Ste 300
Minneapolis, MN 55401
(612) 349-9866
Attorneys, Legal Service Plans, Criminal Law Attorneys, Juvenile Law Attorneys, Corporation & Partne
Nolen Law Office
333 Washington Ave N Ste 300
Minneapolis, MN 55401
(612) 373-9844
General Practice Attorneys, Attorneys
Minnesota Disability Law Center
12 Civic Center Plz Ste 3000A
Mankato, MN 56001
(507) 389-9826
Attorneys, General Practice Attorneys, Legal Service Plans
Cutshall Law Offices PA
333 Washington Ave N Ste 317
Minneapolis, MN 55401
(612) 373-9818
Attorneys, General Practice Attorneys, Legal Service Plans
Kitzmann Stuart J
916 Washington Ave
Detroit Lakes, MN 56501
(218) 846-9712
Attorneys,  Family Law Attorneys,  DUI & DWI Attorneys,  General Practice Attorneys,  Legal Service
Fitzpatrick Thomas A
411 Front St
Brainerd, MN 56401
(218) 829-9692
Attorneys,  Labor & Employment Law Attorneys,  Corporation & Partnership Law Attorneys,  Real Estate
Western Minnesota Legal Svc
415 7th St SW
Willmar, MN 56201
(320) 235-9600
Attorneys, Legal Service Plans
Cooper Law Firm
1201 Yale Place-Loving Grn E, Bldg Ste
Minneapolis, MN 55401
(651) 225-9559
Attorneys, General Practice Attorneys, Legal Service Plans
Koslow & Associates In Butler Square Bldg
123 N 3rd St
Minneapolis, MN 55401
(612) 252-9488
Attorneys, Legal Service Plans
Anderson Gwen M
803 W Saint Germain St
Saint Cloud, MN 56301
(320) 240-9423
Attorneys, Legal Service Plans
Jeddeloh & Snyder PA
803 W Saint Germain St Germain
Saint Cloud, MN 56301
(320) 240-9423
Probate Law Attorneys,  Attorneys,  Family Law Attorneys,  Divorce Attorneys,  Wills, Trusts & Esta
Bethel and Associates
336 Robert St N
Saint Paul, MN 55101
(651) 292-9406
Corporation & Partnership Law Attorneys, Attorneys, Business Law Attorneys
Nelson Eric
400 2nd Ave S # 700
Minneapolis, MN 55401
(612) 321-9402
Attorneys
Simmonds & Wright LLP
881 E Madison Ave
Mankato, MN 56001
(507) 205-9398
Accident & Property Damage Attorneys, Personal Injury Law Attorneys, Attorneys
Richard A. Ohlsen
417 Laurel St
Brainerd, MN 56401
(218) 825-9334
Bankruptcy Law Attorneys,  Attorneys,  Family Law Attorneys,  Legal Service Plans
Klaers Michael J Cpa/Atty
416 6th St SW
Willmar, MN 56201
(320) 235-9318
Attorneys, Legal Service Plans
Culberth Celeste
444 Cedar St # 1050
Saint Paul, MN 55101
(651) 290-9300
General Practice Attorneys, Attorneys
Charpentier & Lange
718 Front St
Brainerd, MN 56401
(855) 334-9281
Probate Law Attorneys,  Attorneys,  Family Law Attorneys,  Wills, Trusts & Estate Planning Attorney
Biglow Michael J
401 2nd Ave S
Minneapolis, MN 55401
(612) 339-9221
General Practice Attorneys, Attorneys, Legal Service Plans
Lackore Ramona C
432 Litchfield Ave SW
Willmar, MN 56201
(320) 235-9203
Attorneys, General Practice Attorneys
Enger Robert
215 4th St NW
Bemidji, MN 56601
(218) 751-9201
Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US