Updated January 23, 2023
A Minnesota prenuptial agreement (or “antenuptial agreement”) is used by couples to predetermine how property is controlled when the marriage ends due to divorce or death. The document is drafted and executed before the marriage occurs and becomes effective once the couple has been legally married. In most cases, such agreements are entered into when one party has more assets than the other. However, if a contract is determined to be unconscionable, or if either party didn’t fully disclose their assets and liabilities at the time that the agreement was made, it may be thrown out by the court and ultimately prove to be ineffective.
Signing requirements (§ 519.11, Subdivision 2) – Both members of the couple, two (2) witnesses, and notary public must sign the document for it to be valid.
Laws
- § 519.11 – Antenuptial and postnuptial contracts.