Hajek & Beauclaire LLC LLCExperienced Minnesota Law Firm
We Can Help, Call Today
952-373-0121
Our Practice Areas

How a premarital agreement might complicate divorces

Premarital agreements, also known as prenuptial agreements, are often used to protect the interests of both parties in the case of a divorce. In theory, they make divorces easier to process. For instance: X, Y and Z have been agreed to, so we will do X, Y and Z.

In reality, premarital agreements can complicate divorces, but that does not mean you should skip them. They can help protect your business and other high-value assets. Just understand that your divorce may not necessarily go smoothly just because there is a premarital agreement.

Allegations of coercion, unfairness and other issues

A premarital agreement can throw a wrench into your divorce if your spouse decides to challenge it. Perhaps your ex is alleging that she felt coerced into signing the agreement or did not have adequate time to review it. Maybe she says now that the value of your business was drastically underestimated for the agreement. Whatever the case, a premarital agreement challenge can draw out the divorce process, and psychologists, doctors and other experts may be called to testify. In contested divorces, you will probably have what amounts to a separate trial to determine the validity of the premarital agreement before your actual divorce proceeds.

Terms of the agreement could be nullified

Another wrinkle arises when there are allegations that the agreement or a section of it has been nullified. For instance, say that your business hit a rough patch for a year while you were married. Your spouse stepped in to help, working long hours at the business and investing personal money to keep the company afloat. Without that help, your business might not have survived. Because of that, your spouse might claim a stake in the business regardless of what the premarital agreement says. Alternatively, your spouse could claim a stake if she gave you business advice that turned out well.

This can also happen if you commingle inheritances, bank accounts and other assets that should have been kept separate. Once this type of shift happens, there is only so much that a prenuptial can do.

No Comments

Leave a comment
Comment Information

For effective representation on a wide range of legal issues, turn to Hajek & Beauclaire LLC, for representation that always puts your interests first.

To schedule a consultation, please complete the form or call 952-373-0121

Contact us To Get Started

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us Today
Hajek & Beauclaire LLC LLCExperienced Minnesota Law Firm

601 Carlson Parkway
Suite 1050
Minnetonka, MN 55305

Phone: 952-373-0121
Fax: 800-405-4530
Map & Directions

Hajek & Beauclaire LLC