What Is a Minnesota Prenuptial Agreement?
A Minnesota prenuptial agreement is a contract between two parties planning to marry. It outlines how they’ll divide marital property and debts if the marriage terminates. A prenup may also include a waiver or provisions for spousal support.
Minnesota law refers to a prenup as an “antenuptial agreement.” The state outlines legal requirements for an enforceable contract in Minnesota Statute Section 519.11. It’s important to draft a legally compliant prenup to prevent courts from setting it aside.
Minnesota follows equitable distribution principles in a divorce. Under MN Stat § 518.58, a court may divide marital property in a way it considers just and equitable. That doesn’t always result in a 50/50 split that both spouses agree with. You can use a prenup to specify your preferences and avoid an unfavorable outcome.
How to Write a Prenuptial Agreement in Minnesota
Before drafting a prenuptial agreement, discuss its terms with your partner, then use these tips to fill out the document:
- Provide identifying information: List the legal names of each partner. Indicate if either party has any prior marriages or children from previous relationships.
- Specify property division: Outline how you’d like to distribute property if you separate or divorce. Include a method for dividing marital property, such as by a certain percentage.
- Address business ownership: Identify any current businesses owned by you or your partner. Indicate who retains an interest in them if the marriage ends. Include a framework for apportioning business interests obtained during the marriage.
- Share debt and income information: Outline each party’s current outstanding debts, including their value. Determine if you’ll combine them during marriage or retain individual responsibility for repayment. Decide how you’ll allocate responsibility for marital debts in the event of a divorce.
- Decide on tax filing status: Select whether you and your partner plan to file income taxes jointly or separately.
- Determine housing arrangements: Establish a process for dividing the marital home. You can also pre-determine how you’ll share housing expenses with your partner.
- Address spousal support: Indicate who receives spousal support in a divorce. Alternatively, both parties can waive their right to spousal support.
- Review and download: Thoroughly read the agreement to make sure it aligns with your wishes. Download it in PDF or Word format.
Under MN Stat § 519.11 Subdivision 1b, both parties must share a fair disclosure of their current income and property before signing a prenup.
Sample Minnesota Prenuptial Agreement
Below, you can view a sample Minnesota prenuptial agreement. When you’re ready, you can customize this template to meet your needs and then download it in PDF or Word format.
Legal Requirements in Minnesota
A Minnesota prenuptial agreement form should align with MN Stat § 519.11. Confirm your agreement meets these requirements to avoid claims of invalidity.
Signing
Minnesota requires both parties to sign a prenuptial agreement in front of two witnesses and a notary public. Courts may set aside a non-witnessed document, or one that was not notarized, in legal proceedings.
Ask your notary to fill out our notary acknowledgment form and attach it to your prenup for extra validity.
Enforceability and Timing
In order for the agreement to be presumed enforceable, Minnesota requires parties to sign a prenuptial agreement at least seven days before getting married under MN Stat § 519.11 Subdivision 1b. If you sign it less than seven days before completing the marriage, the agreement is presumed to be unenforceable. Both parties must enter the agreement voluntarily without any coercion or duress.
Excluded Terms
A prenup can’t include any provisions that violate public policy. Leave out any terms related to a child’s welfare, such as child custody or child support. The agreement may be set aside if later events cause it to become unfair at the time of divorce.
Couples may use a divorce agreement to outline their preferences for child custody and support if the marriage dissolves.
Attorney Representation
Unlike with a postnuptial agreement, Minnesota doesn’t require parties to seek legal representation for a prenup. However, MN Stat § 519.11 Subdivision 1b holds that each party must have a reasonable amount of time to consult with a lawyer if they want to.
Modifications
MN Stat § 519.11 Subdivision 2a allows modifications to an existing prenup only through a legally valid Minnesota postnuptial agreement.
