Prenuptial & Postnuptial Agreements
Our attorneys specialize in family legal issues related to marriage and divorce and are able to assist North Dakota clients with a wide variety of legal marital and divorce matters. More importantly, they understand the significance of Prenuptial and Postnuptial Agreements provide couples in planning and protecting their best interests.
Under North Dakota law, a Prenuptial Agreement is a contract signed between two parties who intend to get married. This contract secures each party’s respective rights during the marriage, or if the marriage ends. Prenuptial Agreements can be used to attempt to avoid potential legal battles and costs that result at the end of a marriage.
What Do They Address?
- Distribution of assets
- Division of property
- Promises made between parties
- Financial support/spousal support after divorce
- Retirement or education funds
- The obligation to pay the other party’s debts
- Inheritance interests
- The ability to receive an elective share at death
- Ownership rights in life insurance policies
Do you or your spouse have an interest in discussing whether a Prenuptial Agreement is the ideal situation for your relationship moving forward? If so, we are happy to sit with you and discuss various concerns, questions, and considerations in helping you understand your rights.
Postnuptial Agreements are new to North Dakota law. Prior to the summer of 2013, North Dakota lawyers had to look to other states to see how they handled agreements made after the solemnization of marriage. Now, North Dakota lawyers have a specific set of rules which allow them to give more certain advice on what will happen with a Postnuptial Agreement if divorce ensues.
Postnuptial Agreements are very similar to Prenuptial Agreements. The main difference between the two is that with a Postnuptial Agreement, both parties sign the document once they are already married. Postnuptial Agreements are an ideal option for couples who need help resolving ongoing issues in their marriage. An additional reason a Postnuptial Agreement can be beneficial is it can be centered around the financial situation existing during the marriage once the couple has been married for a period of time rather than trying to predict what will happen during the marriage as is the case with a Prenuptial Agreement.
Contact SW&L Attorneys Today
There is no doubt that many couples still take the asset, personal property, and financial situations into their own hands before and after divorce happens. With the assistance of an experienced attorney, these same couples are able to reach an agreement that ends up benefiting both individuals. If you are ready to discuss your situation, call our family lawyers in Fargo today at 701-297-2890.