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. Signed after marriage, postnuptial agreements 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).
Subdivision 1 – Antenuptial Contract
- Applicable to legal-aged men and women before marriage.
- Valid if:
- Full and fair disclosure of each party’s earnings and property.
- Opportunity to consult with chosen legal counsel.
- Determines rights in nonmarital property upon marriage dissolution, legal separation, or death.
- Can include marital property without invalidating the agreement.
Subd. 2 – Writing; Execution
Antenuptial or postnuptial contracts must be:
- Written
- Signed before two witnesses
- Acknowledged before an authorized officer
- Antenuptial contracts should be executed before the marriage day.
- Power of attorney cannot be used for these agreements.
Subd. 2a – Amendment or Revocation
- An antenuptial contract can only be changed or revoked after marriage by a valid postnuptial contract that follows this section and state laws.
- A postnuptial contract can only be changed or revoked by another valid postnuptial contract that also adheres to this section and state laws.
Subd. 3 – Filing; Recording
- Antenuptial or postnuptial contracts determine rights in each other’s real property.
- They include legal descriptions of the affected real estate.
- Can be filed or recorded in the county where the property is located.
- Should be submitted to the county recorder’s office or any authorized public office.
Subd. 4 – Effect of Recording.
- Antenuptial or postnuptial contracts not recorded in the appropriate public office are void against:
- Subsequent good faith purchasers for valuable consideration.
- Attachments or judgments against the property if the conveyance to them is recorded first.
Subd. 5 – Evidence; Burden of Proof
- An antenuptial or postnuptial contract/settlement, if properly acknowledged and attested, is considered prima facie evidence of the facts within.
- The burden of proof lies with the person contesting the contract/settlement.
