Family Law News

Marital Agreements Antenuptial Agreements

A great appreciation in the husband’s assets designated as “separate” under an antenuptial agreement was not unforeseeable, and thus did not render the parties’ antenuptial agreement void for an unforseen change in circumstances.
Reed v. Reed, No. 248895

Because the statute clearly states that an antenuptial agreement must be executed in the presence of two witnesses, an agreement that was witnessed by only one person is per se invalid, even if it is otherwise valid and fair.
Siewart v. Siewart, No. A04-702
(Minnesota Court of Appeals,

An antenuptial agreement’s provision wherein the wife waived all alimony and/or spousal support was void as against public policy.
Sanford v. Sanford, 2005 SD 34
(South Dakota Supreme Court, March 9, 2005)

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	Did You Know?
	You may be able to leave your pension to your spouse or child. In general, if you are married, your spouse is entitled to a portion of your pension if you die first. There is some cost to that, however, that usually serves to reduce the monthly retirement payments you would have received if the benefits were to be paid just during your lifetime. If you and your spouse agree, you can waive this survivor benefit protection, and/or sometimes name some other person(s) (such as a child) as your beneficiary. Consult with your family lawyer and review the plan summary carefully to find out your rights and responsibilities in this area.