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16th October
written by Tellus

Marriage contracts are the same as marriage contracts. It is a written contract between two people who agree to marry but have property that they wish to keep individually during the marriage and after the marriage if circumstances arise. There are three matrimonial regimes on which we will focus, namely a marriage in community of property, a marriage of community of property without formation and a marriage of community of property with provision. A marriage is dissolved by the death of a party or by divorce. Each person should complete a family law affidavit and then tell the other party exactly what assets and liabilities they have and what those assets and liabilities are worth before signing the prenuptial agreement. If the court finds that there has been fraud in this process, it may disregard the agreement in whole or in part. A marriage contract, also known as a prenup, is a contract between two people who want to get married. Marriage contracts are documents that determine the rights of each spouse and the division of property in the event of divorce. The importance of a marriage contract, or ANC as it is often called, cannot be overstated. This is often the most important document you will sign, but there is often little consideration given to planning a wedding.

At SchindelSegal, PLLC, we have experience in the marriage contract process in Minnesota and are happy to advise you on your rights in this regard. Please contact us to answer any questions about prenaptial agreements. Caution Against Settling Property in the Event of Divorce: Unfortunately, the specific law that approves a marriage contract under Minnesota law only allows protection for non-marital property. The law does not expressly authorize the protection of matrimonial property. Most people understand that if property is acquired during marriage by matrimonial means, that property would not be protected by the marriage contract and would be divided equally in the event of divorce. However, there are certain areas where courts are likely to label an asset as matrimonial to the surprise of some people. First, income from illegitimate property, such as rent from an apartment building or dividends from shares, is considered matrimonial means paid during marriage. Second, increasing the value of property during marriage can be treated as matrimonial property, especially if the increase is due to the efforts of both spouses. .

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