Short answer: A Minnesota prenup is enforceable if it is procedurally and substantively fair. For agreements signed on or after August 1, 2024, that means full financial disclosure, a real chance to talk with your own lawyer, two witnesses and a notary, and signing at least seven days before the wedding. Postnuptial agreements have extra rules: each spouse must have a separate lawyer, and the agreement is presumed unenforceable if a divorce is filed within two years.
A prenuptial agreement (also called a prenup or antenuptial agreement) lets a couple decide ahead of time how property and support would be handled if the marriage ended. A postnuptial agreement does the same thing after the wedding.
Minnesota rewrote its prenup and postnup law in 2024. If you read about Minnesota prenups before then, some of what you learned may be out of date. This page explains the current rules in Minnesota Statutes, section 519.11.
What a Minnesota prenup can cover
Under the law, a Minnesota prenup can decide:
- each spouse’s rights in marital and nonmarital property if the couple divorces or legally separates,
- spousal maintenance (alimony),
- each spouse’s rights in the other’s estate at death, and
- waivers of other estate rights.
A prenup doesn’t have to match what a court would do. For example, it can divide property differently from Minnesota’s usual rules, or limit maintenance. That alone doesn’t make it unfair.
What a prenup doesn’t cover
Minnesota’s prenup statute doesn’t list child custody, parenting time, or child support among the things a prenup can decide. Courts decide those issues based on the child’s best interests and the child support guidelines when the time comes.
The 2024 rules for a Minnesota prenup
These rules apply to agreements signed on or after August 1, 2024. A prenup is procedurally fair if:
- Full and fair disclosure. Each person gives a reasonably accurate picture of their income and good-faith estimates of their property, and explains the basis for those numbers. This requirement can’t be waived.
- Independent lawyer. Each person has a meaningful opportunity to consult a lawyer of their own choosing.
- Proper signing. The agreement is in writing, signed in front of two witnesses, and acknowledged before a notary. A power of attorney can’t be used to sign it.
- Voluntary. Neither person is under duress.
- Seven days before the wedding. The agreement is signed at least seven days before the marriage.
Why the seven-day rule matters
A prenup signed at least seven days before the wedding is presumed enforceable. In that case, the person who wants to throw it out has to prove why.
However, a prenup signed less than seven days before the wedding loses that presumption. Instead, the person relying on the agreement has to prove it is valid. So start early. A good rule of thumb is to begin the process months, not days, before the wedding.
Substantive fairness: can a prenup be thrown out later?
Even a properly signed Minnesota prenup must be substantively fair. A court can refuse to enforce all or part of an agreement if it is so unfair that it is unconscionable, either:
- because of its terms, or
- because circumstances changed so drastically, in ways nobody expected, that enforcing it would no longer match what the couple reasonably expected when they signed.
For example, a serious disability or a major unforeseen change in finances might raise this issue. If the agreement says its parts are severable, a court can remove an unfair provision and enforce the rest.
Postnuptial agreements in Minnesota
A postnuptial agreement (postnup) is signed after the wedding. Minnesota allows postnups, but the rules are stricter than for prenups:
- Separate lawyers are required. A postnup is valid only if each spouse is represented by their own lawyer when it is signed.
- Same fairness rules. It must meet the disclosure, signing, and fairness rules for prenups (other than the seven-day rule).
- The two-year rule. If either spouse files for divorce or legal separation within two years after signing, the postnup is presumed unenforceable. The spouse who wants to enforce it then has to show it is fair and equitable.
Also, a prenup can only be changed or revoked after the wedding by a valid postnup.
Do I need a prenup?
Not everyone does. However, couples often consider one when:
- one person owns a home, business, or significant savings before the marriage,
- either person has children from a prior relationship,
- one person expects an inheritance or family gift,
- there is a big difference in income or debt, or
- either person has been through a difficult divorce before.
Keep in mind that Minnesota already protects some property brought into a marriage, if it can be traced. To learn more, see Marital Property Division and I Owned a House Before My Marriage.
Common questions about a Minnesota prenup
Does a Minnesota prenup have to be notarized?
Yes. Under the 2024 law, it must be signed before two witnesses and acknowledged before a person authorized to administer oaths, such as a notary.
Can we use one lawyer for both of us?
For a prenup, each person must have a meaningful opportunity to consult their own lawyer. For a postnup, each spouse must actually be represented by a separate lawyer.
Is a prenup signed before August 1, 2024 still valid?
The 2024 rules apply to agreements signed on or after August 1, 2024. Older agreements are judged under the law in effect when they were signed.
Can a Minnesota prenup decide alimony?
Yes. A prenup can address spousal maintenance. To learn how maintenance works without one, see Alimony in Minnesota.
Related pages
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