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Pre-nuptial agreements are a very useful tool in planning for your future as a couple. I recommend them in most cases in which both parties have significant assets at the time of the starting off of that relationship. For instance, an individual that has previously been divorced or has a significant concern about their assets changing or increasing in value over the course of the marriage would want to make sure that they clearly understand their rights with one another before they get married. Now, in the case of the state of Wisconsin, for instance – and I’m licensed in both states – the difference is, is that any property brought into the marriage, as well as property acquired during the marriage would be marital in nature, unless it was received as a gift or it was an inheritance to that individual. Otherwise, the court does have the power then, in Wisconsin, which is a community property state, to divide all of those assets, if it doesn’t fall within those categories. So, it’s really important to be clear what’s gonna happen with the property and will keep the cost down if a divorce ever happens in the future.
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Minneapolis, Minnesota family law attorney Marc Johannsen discusses when to get a prenup in Minnesota or Wisconsin.