Prenuptial Agreements And Same-Sex Marriage In Minnesota

Couples often do not give much thought to executing a prenuptial agreement before getting married, and same-sex couples eager to formalize their relationship under the newer laws may be particularly susceptible to hastiness. Yet, putting a prenuptial agreement in place is a good idea for most couples; even those without significant assets can avoid a great deal of hassle and expense in divorce by having some sort of prenuptial or postnuptial agreement in place.

At Coodin & Overson, PLLP, we provide comprehensive family law services to LGBT couples in Woodbury and throughout the Twin Cities metro area. One way we seek to help protect our clients is by helping them prepare premarital agreements (officially called "antenuptial contracts" in Minnesota).

Given unsettled areas of the law in many other states, the typical subjects of prenuptial agreements — spousal maintenance, asset division (including the marital home), retirement accounts — that are often straightforward for heterosexual couples may create complicated questions requiring careful thought and planning for similarly situated gay couples who wish to marry in Minnesota.

Financial History And Property Division

Many gay and lesbian couples who choose to marry have been together for many years. It is important to discuss any past agreements or practices related to their financial relationship and the extent to which marriage may affect those understandings or cause unintended consequences.

Same-sex couples, especially those who have a relationship history, also need to consider how marriage will change property rights and ownership. A prenup can be used to ensure that property ownership and character are not affected by the marriage or to specify treatment of property upon dissolution of the marriage.

Speak To A Family Law Attorney

To find out how one of our lawyers can work with you to address family law legal matters unique to same-sex couples, contact Coodin & Overson, PLLP, in Woodbury at 651-319-5180 or online to schedule a free consultation.