If you’re considering a prenuptial agreement in Minnesota—congrats! Both on the engagement and the smart decision to put your expectations in ink. A prenuptial agreement is a beneficial tool for both parties to outline financial obligations and align on certain topics prior to marriage, such as debt, bank accounts, retirement plans, and more. But how do you get the prenup process started? Do you need a lawyer? What are the legal requirements for a valid agreement? Let’s learn the rules of a prenup in Minnesota.
Are lawyers required for a valid prenup in Minnesota?
No, there is no requirement for each party to hire a lawyer in Minnesota. However, each party must have a meaningful opportunity to hire their own lawyer. What does “meaningful opportunity” mean? It means both parties had enough time to seek out a lawyer, consult with them, and consider their advice. In other words, the prenup wasn’t sprung on them with no time to get a lawyer if they wanted one. However, they can have the meaningful opportunity to hire a lawyer and decide not to. (See MN Statute § 519.11 for the full text.)
Can just one person hire a lawyer for the prenup in Minnesota?
Yes, it is possible for a prenuptial agreement to hold up in a Minnesota court where only one person hired a lawyer, as long as each party had the “meaningful opportunity” to hire a lawyer of their choosing. For example, if one person hired a lawyer who drafted the agreement and advised only one person, then the other person reviewed it without a lawyer, it is possible that this agreement could hold up in a Minnesota court—as long as it meets all of the other requirements laid out by § 519.11.
In one recent Minnesota case, a couple were in a dispute over the validity of their prenup agreement. The wife argued, in part, that she didn’t have the opportunity to hire a lawyer, even though her spouse did. The couple signed a prenuptial agreement the day before their wedding in 1995. The wife said she felt rushed and didn’t fully understand the agreement, but the court didn’t find her claims believable. It found that she had experience with legal documents, had the chance to talk to her own lawyer (but chose not to), and wasn’t pressured into signing. The court decided the agreement was fair and would be enforced. Slag v. Slag, No. A23-0389, 2024 WL 1356204, at *16 (Minn. Ct. App. Apr. 1, 2024)). The bottom line is that there was only one lawyer representing one person, and the agreement was still upheld.
Can we share a lawyer?
No, a prenuptial agreement lawyer cannot ethically represent two parties to the same prenup agreement because they cannot zealously advocate for both people at once. For example, if one party would benefit from an alimony waiver while the other party would not—how would the lawyer advise both people in this case? They would likely be compelled to favor one party over the other, leaving the opposing party without adequate legal advice to protect their individual interests.
Can one person cover the fees for the other person’s prenup lawyer?
Yes, it is acceptable for one person to pay for the legal fees of their partner’s prenup attorney, as long as the person receiving the money isn’t forced to choose a specific attorney or coerced into signing the agreement. For instance, if Spouse A is wealthier and presents the prenup to Spouse B days before the wedding—only offering to pay for Spouse B’s attorney fees if they use Spouse A’s lifelong best friend as their attorney—this may be seen as coercion or duress, negating access to meaningful, independent legal counsel altogether.
Can I write my own prenup in Minnesota and have it notarized?
Yes, it is possible to write your own prenuptial agreement in Minnesota, notarize it, and have it upheld in court—all without assistance of counsel. However, your prenup still must comply with the requirements laid out by MN Statute § 519.11, as well as court rulings in common law, which can be difficult if you aren’t aware of case precedent and how courts apply statutory requirements in real scenarios. It’s also important to know that Minnesota does require notarization for all prenups, regardless of whether or not there was the assistance of counsel.
What is required for a valid and enforceable prenup in Minnesota?
As of August 1, 2024, Minnesota amended its prenuptial agreement laws to include stricter requirements for enforceability. Here are the updated requirements for a valid agreement in Minnesota:
- The agreement must be in writing and signed
- The agreement must be notarized
- The agreement must be witnessed by two people
- The agreement should be signed at least seven days before the wedding
- Each party must have meaningful opportunity to hire their own lawyer (but it’s not strictly necessary)
- Both parties must enter into the agreement voluntarily (not rushed or pressured for any reason)
- The agreement must not be unconscionable (i.e., grossly unfair)
- Full and fair financial disclosure cannot be waived by either party
- If there is a severability clause, courts may sever the unenforceable clause but still enforce the rest of the agreement
- (See MN Stat § 519.11 for the fine print)
If you follow the above requirements, you are on your way to a valid agreement in Minnesota.
What does a prenup lawyer do?
Even though a lawyer is not strictly required in Minnesota for a valid prenuptial agreement, there are vast benefits to hiring one. One of the best ways to prove in court that both parties entered into the agreement voluntarily is by each party having independent legal counsel. This shows a court that both parties were aware of their rights and what they were waiving. Prenuptial agreements are a complex and sensitive area of law that no couple should take lightly; a lawyer can also provide you with peace of mind that your agreement is customized to meet your needs and state-compliant. You can safely ask your lawyer questions about your agreement, how to amend it, hypothetical scenarios, etc.
The bottom line on the lawyer requirement in Minnesota
The takeaway from this article should be that prenups in Minnesota do not require legal representation in order to be valid. However, they do require “a meaningful opportunity” for each party to hire their own lawyer, if they want one. This means that each party must have enough time to get meaningful legal advice—no sudden prenup requests. If you decide to create a prenup without a lawyer, that’s allowed; but you will still need to fulfill all legal requirements, such as notarization, witnesses, procedural fairness, substantive fairness, and more. Now get going on your prenup so you can sit back and enjoy your big day!
Kristen Cray is the principal attorney of Gavelkind Law, bringing trusts, private securities, and financial sophistication to unaccredited investors. She studied business in Colorado, philosophy at Oxford, finance at Harvard, then graduated from Suffolk Law School. Working since 2018 across the spectrum of fiduciary law, Kristen’s passion is financial independence and lifelong income planning for everyday women and their loved ones. Her hot take: folks who don’t “believe in” divorce should be the first in line for antenuptial agreements! She is also the founder of an educational nonprofit for women’s financial literacy, the Vice Chair of her municipal Zoning Board of Adjustments, a licensed TEDxWomen organizer, an active member at the Harvard Club, a jock, and a future sassy grandma.
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