As many Minnesota residents unfortunately have found out, a divorce may be a complex and emotionally charged time. Making decisions about how assets might be divided or whether or not spousal support is appropriate might add further to an already stressful situation. Taking steps before the marriage to protect assets can often help to avoid problems in the future.
One of the ways a couple that plans to get married might ensure that decisions are made before marital problems surface is to structure a prenuptial agreement. In this way, they may decide how marital property will be divided and whether alimony is an option. The amount of spousal support may also be agreed upon in the prenuptial agreement, avoiding disputes later. Sometimes, the divorce process may be protracted. Having a prenuptial agreement in place may help avoid a lengthy divorce process, letting the ex-spouses move on with their lives. It is, of course, advisable for the subject to be brought up well in advance of the wedding, allowing for a discussion if one individual finds the structure unfair.
In some cases, a spouse may suddenly ask for a divorce, leaving the other spouse unprepared for this request. Having a prenuptial agreement helps ensure that, despite a sudden request, a plan is already in place. In addition, a prenuptial agreement makes it less likely that one spouse will take advantage of another, particularly if that spouse is more financially solvent.
Since 50 percent of all marriages today terminate in divorce, having this type of an agreement may be prudent. A family law attorney can often review a proposed agreement on behalf of a prospective spouse in order to ensure that it does not contain any terms that would be held invalid by a court.