By Melissa Miroslavich and Katrina Viegas
As collaboratively trained attorneys, we often find ourselves in a unique position—advocating fiercely for our clients while simultaneously collaborating with the other side to achieve a mutually beneficial outcome. It’s a dance we’ve perfected through our training in the collaborative process and mediation, and it’s a dynamic that serves our clients exceptionally well, especially when it comes to those sometimes-uncomfortable but essential conversations.
You might be thinking, “Uncomfortable conversations? About what?” Well, if you or someone you know is getting ready to say, “I Do,” let’s talk about prenuptial agreements—or as they’re legally known in Minnesota, antenuptial agreements. It’s a topic that often carries a bit of a stigma, conjuring images of distrust or a lack of romance. But what if we told you that, much like thoughtful estate planning, a prenuptial agreement can actually be an act of love and a foundation for a stronger, more financially harmonious marriage?
We recently found ourselves discussing Minnesota’s updated prenup law, which took effect last year on August 1, 2024. As two attorneys who believe in proactive planning, we immediately recognized the opportunity to shed light on how the collaborative process can transform this often-dreaded task into a positive and empowering experience.
Melissa – Let’s Talk About the ‘Why’ – What Exactly is a Prenup, and Who Benefits?
From my perspective as a legal advocate, a prenup is a vital tool for clarity. It’s a private, binding contract that two people of legal age enter into before marriage. It outlines what happens with your assets and debts if your marriage ends due to legal separation, divorce, or even death. I know, you’re thinking nobody gets married expecting to get divorced, but with financial problems being a leading cause of marital breakdown, having these conversations before the ‘I Do’ can actually strengthen the foundation of your relationship.
Katrina – And from the Collaborative Angle, it’s About Financial Harmony, Not Just Protection.
While it offers legal protection, the beauty of a prenup, especially when approached collaboratively, is its power to foster financial harmony. It’s not just about what happens if things go wrong, but about how you manage expectations and communicate about money during your marriage. For all couples, it can open lines of communication. But if you own a business, help with a family farm, or have children from a previous relationship, it’s especially critical to proactively address the needs and wishes of everyone involved—from your soon-to-be spouse to business partners and other loved ones.
Katrina – Minnesota’s Updated Law: The New Rules of Engagement.
As an attorney, I want to make sure people are aware of the latest changes in Minnesota law. Effective August 1, 2024, two big things happened. First, timing is everything. You now need to sign your prenup at least seven days in advance of your wedding day for it to be presumed enforceable. If you sign it closer than that, it’s not automatically valid. So, procrastination is out when it comes to prenups! Ideally, this process begins at least two to six months in advance of your wedding date, sometimes even earlier.
Melissa – And the Collaborative Spirit of ‘Fairness’ is Still Paramount, Even with Legal Shifts.
The second change impacts how ‘consideration’ is determined. While a prenup is a contract that requires some kind of benefit in exchange for entering the agreement, Minnesota now recognizes the marriage itself as adequate consideration for the prenup to be valid. What this means is, as long as all other legal requirements are met, the court won’t automatically scrutinize the prenup for ‘fairness’ to both spouses. However, in the collaborative process, we still work to ensure the agreement actually feels fair to both parties, fostering a sense of mutual respect and understanding that goes beyond legal technicalities.
Melissa – So, How Do We Get This Done?
When clients come to me needing a prenup, I always lay out their options, including a collaborative process or a more traditional process. The traditional path can involve each partner hiring their own attorney, one side drafts the prenup and offers it to the other side, and we negotiate. It can be effective, but sometimes adversarial. An attorney’s priority is to protect their own client’s interests, not the client’s relationship or future spouse.
Katrina – Or, How We Guide You to a Stronger Start: The Collaborative Approach.
And that’s where the collaborative process shines as the preferred path for many couples. Think about it: you’re planning a wedding, a celebration of two individuals joining their lives together in partnership. Why not choose a legal process that supports that same spirit? As collaboratively trained attorneys, we work with you, not just for you, to transform a potentially stressful legal process into an experience that can actually strengthen your relationship.
In the collaborative model, we help you:
- Co-Create a Shared Vision: We facilitate open and respectful conversations about your financial future, helping you develop a vision for your marriage that aligns with both your individual and shared financial goals.
- Receive Individualized Guidance in a Supported Environment: Each soon-to-be spouse receives individual legal advice about their rights and responsibilities. This isn’t about one person winning; it’s about both parties understanding their positions and finding common ground.
- Bring in Financial Expertise: We often work with a collaborative financial professional. They help you identify and understand all your assets, liabilities, and cash flow, ensuring full and transparent disclosure. This level of understanding is key to making informed decisions together.
Ultimately, whether through the collaborative or traditional process, attorneys draft the prenup, seek consensus from both of you, and ensure it’s signed at least one full week before your wedding day. The benefit of the collaborative process is starting with your goals as a couple, and then drafting, not the other way around.
Want to learn more about how the collaborative process can help you navigate this important step before your “I Do”? Contact Melissa Miroslavich or Katrina Viegas for more information about collaborative prenuptial services and to schedule a no-cost consult. Both Melissa and Katrina have been accepted into the Collaborative Law Institute of Minnesota and are honored to serve on its Board of Directors. Katrina is the current Co-President and Melissa serves as Chair of the Public Education Committee.
About the Authors
Melissa Miroslavich is a dedicated and experienced estate planning and collaborative attorney. She expertly guides individuals and families through the often complex processes of planning for the future. With a compassionate and thoughtful approach, Melissa helps clients navigate sensitive matters, including collaborative prenuptial and postnuptial agreements, ensuring their wishes are honored and fostering peaceful resolutions. Her expertise in both legal strategy and collaborative communication makes her a valuable advocate and trusted advisor.
At Miroslavich Law, we understand that planning for the future requires careful consideration and a personalized touch. Whether you’re in the Twin Cities, or the surrounding areas in Minnesota, and need assistance with estate planning, business succession planning or prenuptial agreements, we are here to provide you with clear guidance and support. Contact Miroslavich Law today to take the first step towards securing your future and finding peaceful solutions.
Melissa Miroslavich, Estate Planning Attorney, Mediator
Miroslavich Law PLLC
Email: Info@MiroslavichLaw.com
Website: www.miroslavichlaw.com
Katrina M. Viegas,
Partner/Attorney & Rule 114 Family Mediator
Beaumier Trogdon Orman Hurd & Viegas Attorneys at Law, PLLP
4 West Fifth Street, Duluth, MN 55806
Ph: (218) 722-1000 | Email: kviegas@btolawyers.com
Website: www.btolawyers.com
