A Minnesota postnuptial agreement is a legal document allowing married couples to define financial rights and responsibilities in the event of a divorce or the death of a spouse. These agreements are valuable because they offer protection for assets during the uncertainties of a divorce. Unlike a prenuptial agreement, postnuptial agreements are signed after marriage and adhere to specific legal requirements.
Legal Considerations
Domestic Relations Chapter 519, 519.11 governs postnuptial agreements.
- Signing Requirements: Must be written, signed by both parties, witnessed by two individuals, acknowledged, and notarized. (Minn. Stat. Ann. § 519.11(2))
- Dividing Property: Equitable division. (§ 518.58)
Understanding Postnuptial Agreements in Minnesota
Considerations
- Validity: As per § 519.11(1a)(a)(1), agreements must be fair and equitable both when signed and enforced.
- Prenup v. Postnup: Both postnuptial and prenuptial agreements can address similar matters. However, neither can dictate child support, custody, or visitation rights, as per § 519.11(1a)(b).
- Legal counsel: Considered valid and can only be enforced if each spouse has their own separate legal representation at the time it is signed, as per § 519.11(1a)(c).
- Enforceability: Generally considered unenforceable if a legal separation or dissolution action is started within two years of signing, unless the enforcing spouse proves it’s fair and equitable, as per § 519.11(1a)(d).
Assets and Property Rights
Asset Division
- Spouses can create postnuptial contracts that are valid and enforceable.
- Validity depends on meeting the state’s requirements for procedural and substantive fairness when made and upon enforcement.
- Such contracts cannot affect any child’s rights related to child support or custody issues [1] .
Property Ownership
- A postnuptial contract can cover various matters, similar to an antenuptial contract, but excludes child support, custody, or parenting time rights [1] .
Capacity to Contract
- For a postnuptial contract to be considered valid and enforceable, it is imperative that each spouse has independent legal counsel at the time of its execution [1] .
Marriage and Divorce
Separation Agreement
- Presumed unenforceable if either spouse initiates a legal separation or divorce within two years from the contract’s execution date [1] .
- An exception exists if the spouse advocating for the contract can prove its fairness and equity [1] .
Wife’s Separate Property
- Any property (real, personal, mixed) or choses in action owned by a woman at the time of her marriage remains her separate property.
- A married woman can acquire, enjoy, and profit from property independently of her husband, without his control or liability for his debts.
- Property acquired in a woman’s name during legal separation remains her separate property, which she can convey without her husband’s participation.
- Any previous conveyances made by a woman of her separate property are declared legal and valid [1] .
