Antenuptial/Postnuptial Agreements

Get it in writing

At the Minneapolis law firm of Katz, Manka, Ltd., experience has taught us that there is never a bad time to put your marriage expectations and obligations in writing.

Putting it in writing prior to marriage is the best way to avoid painful contentious issues later. However, challenging poorly crafted agreements is also important because everyone deserves the full protection of the law.

What is an antenuptial agreement?

An antenuptial agreement (also known more commonly as a prenuptial agreement or a “prenup”), if properly drafted, is a legally enforceable contract. It governs the rights you will have:

• Once married
• Upon a future divorce
• Upon the death of your spouse

Many times, these agreements are challenged upon the commencement of a marriage dissolution action, and many times the spouse seeking enforcement of the agreement seeks a fast determination by the court that the agreement is enforceable. The statutory law governing antenuptial agreements and postnuptial agreements (contracts governing rights of spouses upon divorce or death drafted after the marriage) is found in the Minnesota Statutes Section 519.11.

Experience when it really matters

The law firm of Katz, Manka, Ltd. is experienced in drafting antenuptial agreements and has been very successful both in challenging antenuptial agreements drafted by others as well as successfully arguing in support of the enforcement of properly drafted agreements.

The firm is at the forefront of this evolving area of the law, having been involved in the leading Minnesota Supreme Court case defining what is necessary to make an antenuptial agreement an enforceable contract, In re the marriage of: McKee-Johnson v. Johnson.

In this case, the Minnesota Supreme Court determined that, to be enforceable, an antenuptial agreement must generally pass three tests:

1. Whether it was procedurally fair when drafted
2. Whether it was substantively fair when drafted
3. Whether it remains substantively fair at the time of enforcement

If all three tests are passed, the agreement will be enforced. If there are deficiencies in any or all of the three tests, part or all of the agreement may be subject to invalidation.

Get it right as well as in writing

The law firm of Katz, Manka, Ltd. has zealously protected the rights of its clients when it comes to antenuptial agreements. We have successfully invalidated parts or all of such agreements when improperly drafted or when enforcement was substantively unfair. We similarly strive to draft agreements with the goal of assuring fairness to our clients and their future spouses, with the goal of withstanding future challenges to the agreements we help negotiate.

However, it is important to remember that while you may enter into negotiations for an antenuptial agreement believing you will never be divorced, unfortunately, the very fact that there are negotiations taking place means that at least one party is contemplating the possibility that the marriage may end someday in divorce.

Protecting the rights of Minnesota family law and personal injury clients for more than 50 years

Katz, Manka, Ltd., primarily a family law and personal injury law firm, represents clients from throughout the Twin Cities area and beyond, including:

Contact us today online or by calling 612-333-1671. Allow us to explain how we can assist you.