The Role of Prenuptial and Postnuptial Agreements in Minnesota Marriages

Marriage is a partnership built on love, trust, and shared dreams, but it’s also a significant legal and financial partnership. Far from being a sign of cold feet, addressing your financial expectations head-on can be a practical way to show how much you care and enable both you and your partner to feel more secure in your relationship. Prenuptial and postnuptial agreements allow you to define your financial landscape with intention, protecting your assets and creating a clear path forward together.

At Atticus Family Law, we understand that initiating discussions around these agreements can be incredibly sensitive. Our lawyers approach these conversations with empathy and assurance, guiding you through the process to create a fair and legally sound agreement.

Defining Prenuptial and Postnuptial Agreements

These legal documents allow couples to make key decisions about their property and finances in advance, rather than leaving those choices to state law in the event of a divorce or death.

• A Prenuptial Agreement is a contract entered into before marriage. It is often used when one or both partners bring significant assets, debts, or business interests into the marriage, or if there are children from a previous relationship—essentially, helping protect personal legacies if life takes an unexpected turn.
• A Postnuptial Agreement is created after the couple is legally married. Couples may use a postnup to address a significant change in their financial circumstances, such as one spouse starting a business, receiving a large inheritance, or deciding to stay home to raise children.

These agreements can determine rights to marital and nonmarital property, address spousal maintenance (alimony), and clarify inheritance rights.

Minnesota’s Legal Requirements for a Valid Agreement

For a prenuptial or postnuptial agreement to be enforceable in Minnesota, it must meet strict legal standards of fairness in how it was created and in its actual terms.

Requirements for Prenuptial Agreements:

Under Minnesota Statute 519.11, a prenup must be both procedurally and substantively fair. Key procedural requirements include:

• Full and Fair Disclosure
• Opportunity to Consult Legal Counsel
• Formal, Written Execution
• Voluntary and Not Under Duress
• Signed at Least Seven Days Before Marriage

Substantive fairness requires that the agreement itself must not be exceedingly unfair, whether based on the terms or a significant change in circumstances.

Requirements for Postnuptial Agreements:

Postnuptial agreements must meet the same standards of fairness as prenups, with a crucial addition: each spouse must be represented by their own legal counsel at the time the agreement is executed. Furthermore, a postnup is presumed unenforceable if a divorce or legal separation is started within two years of its signing, placing the burden of proof on the spouse trying to enforce it.

Our Guidance, Your Future

Whether you are considering a prenuptial agreement before you walk down the aisle or a postnuptial agreement to address new life circumstances, having a skilled lawyer to help you is essential. The team at Atticus Family Law is here to guide you with a steady hand through all the family law matters you face.

We can help you by:

• Drafting Custom Agreements: We work with you to create a tailored agreement that reflects your specific goals and protects your interests.
• Reviewing Existing Agreements: If your partner has presented you with an agreement, we will meticulously review it so that you understand its terms.
• Ensuring Legal Compliance: We verify that your agreement meets all of Minnesota’s strict procedural and substantive requirements to be valid and enforceable.
• Facilitating Healthy Conversations: We provide a professional and supportive environment to discuss these important financial matters, helping you and your partner build a strong foundation for the future.

Schedule a Consultation to Secure Your Tomorrow

Taking steps to protect your financial future is an act of clear-minded foresight, and our lawyers are here to support you in taking them. We can help you protect your interests before and during your marriage. Contact our team today or schedule a consultation to learn how a prenuptial or postnuptial agreement can provide the clarity and security your relationship deserves.