Download Minnesota Prenuptial Agreement Form [PDF]

The Minnesota prenuptial agreement is a legal document that defines the rights and obligations of each partner in terms of their individual and marital property. The parties to this agreement are two people who are about to get married. 

A prenuptial agreement should be created in every situation where one or both parties have accumulated certain assets that they want to keep as individual property after entering the marriage. This document should also be made if one or both parties have certain liabilities, like a loan or debt, they need to pay off.

In this way, parties will clearly regulate their financial relationship, which can prevent potential disputes and misunderstandings.

Laws and Legal Requirements for a Prenuptial Agreement in Minnesota

Section 519.11 of the Minnesota Statutes regulates the status of the prenuptial agreement in Minnesota. The state law refers to the prenuptial agreement as the antenuptial agreement.

Section 518.003 provides a definition of marital property as follows:

"’Marital property’ means property, real or personal, including vested public or private pension plan benefits or rights, acquired by the parties, or either of them, to a dissolution, legal separation, or annulment proceeding at any time during the existence of the marriage relation between them, or at any time during which the parties were living together as husband and wife under a purported marriage relationship which is annulled in an annulment proceeding, but prior to the date of valuation under section 518.58, subdivision 1.”

Signing Requirements for a Prenuptial Agreement in Minnesota

Section 519.11, subdivision 2, provides that the prenuptial agreement must be:

Additionally, this section provides that the parties cannot authorize another person to sign the document on their behalf by issuing a power of attorney.

Prenuptial Agreement Enforcement in Minnesota

As provided by Section 519.11, subdivisions 3 and 4, the Minnesota prenuptial agreement that includes any provisions regarding the real property must be filed and recorded in the county where the real property is located.

Otherwise, the agreement will be considered void against any subsequent purchaser in good faith or against any judgment.

Moreover, the prenuptial agreement will not be enforceable if any of the parties sign it unwillingly, under pressure, or under coercion. Also, the prenup agreement might be declared unenforceable if one of the parties fails to provide a complete and truthful overview of their financial status.

What Can a Prenuptial Agreement in Minnesota Cover?

The parties are free to include any provision in their prenuptial agreement template as long as it is in line with state law and public policy. The parties don’t only use the prenuptial agreement after marriage. They can also define their financial relationship during the marriage.

Provisions included in the prenuptial agreement form most commonly cover the following:

Prenuptial Agreement in Minnesota: Validity Criteria

To be valid, the prenuptial agreement must first fulfill the formality criteria set by the state law. This indicates that the document must be in writing, jointly signed, witnessed, and notarized.

Moreover, the parties must get married after signing the prenup agreement so the document can have a legal effect. If the parties fail to do so, the agreement will be considered invalid.