A Minnesota prenuptial agreement is a legal contract that determines how a couple’s property will be handled in the event of divorce or death. It is executed before the marriage and becomes effective once the couple legally marries.
Legal Considerations
Laws: § 519.11 – Antenuptial and postnuptial contracts.
Signing Requirements: Both spouses, two witnesses, and a notary public must sign the document. A power of attorney on behalf of a spouse cannot sign the document; it must be signed by the spouse themselves (§ 519.11, Subdivision 2).
Dividing Property: Equitable division. (§ 518.58)
Enforceability Requirements
- Essential Terms for Validity: Must be executed in writing, in the presence of two witnesses, and acknowledged by the parties, and may determine the rights each party has in non-marital property upon dissolution of marriage, legal separation, or after its termination by death.
- Disclosure: Both parties must fully disclose their earnings and property and have had a chance to consult with their own legal counsel.
- Filing and Recording: Must be filed or recorded in the county where any real estate is situated; otherwise, they are void against subsequent purchasers or judgments.
- Evidence and Burden of Proof: Considered valid unless proven otherwise by the party seeking to set it aside.
- Amendment or Revocation: May be amended or revoked after the parties’ marriage only by a valid postnuptial contract or settlement that complies with state laws.
