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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Title 6. Family Relations
Chapter 7. Antenuptial Contracts

Section A. Scope of Antenuptial Contracts

Section B. Requirements of Valid Antenuptial Contracts

Section C. Burden of Proof

LLOjibwe JCT6 FRC Ch. 7, § A
Section A. Scope of Antenuptial Contracts

(1) Marital and separate property.

Antenuptial contracts may cover both marital and separate property of the spouses.

(2) Death and divorce of either spouse.

An antenuptial contract may anticipate the death of a spouse and/or divorce as long as the contract does not encourage divorce.

(3) Children.

Antenuptial contracts may include provisions governing children of the spouses, but such provisions will only be upheld as long as they are determined by a court to be in the best interests of the children involved at the time of enforcement of the contract.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 7, § A, LLOjibwe JCT6 FRC Ch. 7, § A



LLOjibwe JCT6 FRC Ch. 7, § B
Section B. Requirements of Valid Antenuptial Contracts

(1) Disclosure.

Each party must fully disclose his or her assets to the other party and schedules of each party's assets must be attached to the antenuptial contract.

(2) Separate Counsel.

If possible, each party should be represented by his or her own attorney.

(3) Substantive and procedural fairness.

No antenuptial agreement which is substantively or procedurally unfair either at the time of execution or at the time of enforcement will be valid. Time of execution is the moment of the signing of the contract. Time of enforcement is the moment at which the contract will be activated. The Leech Lake Band of Ojibwe Tribal Court will determine the fairness of the contract.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 7, § B, LLOjibwe JCT6 FRC Ch. 7, § B




LLOjibwe JCT6 FRC Ch. 7, § C
Section C. Burden of Proof

The burden of proof to prove invalidity of an antenuptial contract is on the person challenging the validity of the contract. He or she must demonstrate by clear and convincing evidence that the contract is unfair, or that the circumstances surrounding execution and/or enforcement render the contract unfair.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 7, § C, LLOjibwe JCT6 FRC Ch. 7, § C


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