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What You Need To Know About Prenuptial Agreements

While prenuptial agreements may feel unnecessary, they can make the biggest difference in the midst of conflict. Being able to make decisions and think clearly is key, and Nilson Brand Law can help you do that. We have worked with clients throughout North Dakota and Minnesota who needed legal guidance before getting married. Our goal is to protect you both and make sure each party is heard and understood.

Do I need a prenuptial agreement?

A common misconception about prenuptial agreements is that they are only necessary when one or both parties have a lot of assets. This simply is not true. Taking the time to sit down with your future spouse, and treating the agreement like a business transaction may be one of the best things you can do. In the unfortunate event that the marriage ends in divorce, you want to be able to determine who gets what, rather than a court deciding for you. Sitting down and drafting the terms of a prenuptial agreement when both parties are cool, calm, and collected can help divide these assets without the emotional turmoil a divorce often brings. In addition, prenuptial agreements can determine who controls property during the marriage and what happens when one party dies. Having a clear road map for these issues before they become issues is good.

Do I have to disclose my assets and debts? Does my spouse?

Yes. Both parties are responsible for making a full disclosure of their assets at the time the agreement is signed. In fact, if one or both parties are dishonest or intentionally leave out some of their assets or debts, it may be cause for challenging the validity of the prenuptial agreement later on.

Do we each have our own attorney?

Typically, yes. Our office strongly encourages each party to retain independent representation. This ensures that the agreement is fair for both parties and creates less of an opportunity for it to be challenged in the future. Generally speaking, if you hire our law firm to draft a prenuptial agreement for you, we will recommend your future spouse retain their own attorney. Once they do, the attorneys will work together to create a prenuptial agreement that is acceptable to both parties.

For More Information, Call Our Office And Schedule A Consultation

The best way to put your nerves at ease is to consult with an experienced lawyer. Our team is eager to help you find a solution you can be comfortable with. To schedule an initial consultation, call our office in Fargo at 701-864-3417 today. You can also fill out our contact form online. We serve clients throughout the Red River Valley.