The all-inclusiveMinnesota prenup

The controlling statute & cases

What law governs prenups in Minnesota?

Minnesota prenuptial agreements are governed by a detailed statute, Minn. Stat. § 519.11. This statute lays out the specific formalities and disclosure requirements an agreement needs to meet, and it's noticeably more procedurally demanding than the law in many other states. Minnesota case law fills in additional detail, particularly McKee-Johnson v. Johnson, 444 N.W.2d 259 (Minn. 1989), and In re Estate of Kinney, 733 N.W.2d 118 (Minn. 2007), both of which address how Minnesota courts evaluate disclosure and fairness.

Is Minnesota a UPAA state?

No, Minnesota has not adopted the Uniform Premarital Agreement Act. Instead, Minnesota has built its own statute around a set of formal requirements that go beyond what most UPAA states require, including a specific execution procedure involving witnesses and notarial acknowledgment. Minnesota actually recently updated its prenup requirements, making them more robust, as of August 2024. Because Minnesota's approach developed independently rather than through the uniform act, its rules don't map directly onto UPAA states' statutes, even where the underlying goals, like ensuring informed and voluntary agreements, are similar.

Requirements for a Minnesota prenup

What are the requirements for a prenup in Minnesota?

Minn. Stat. § 519.11 sets out a specific list of requirements that were recently updated and put into effect as of August 2024. The requirements include a full and fair disclosure of the earnings and property of each party, along with the basis of those values, and both parties must have had the opportunity to consult with legal counsel of their own choosing. In addition, the court may evaluate the substantive fairness of the agreement, which allows courts to look at whether the agreement is unconscionable either by its terms or due to drastically changed circumstances not foreseen at execution.

On top of those substantive requirements, Minnesota's statute imposes formal execution requirements that many other states don't: the agreement must be in writing, signed, executed in the presence of two witnesses, and acknowledged in the same manner required for deeds, meaning it has to go through a notarial acknowledgment process.

In addition, one of the 2024 newer additions to Minnesota prenup requirements was the new 7-day rule requiring prenups in Minnesota to be signed seven calendar days prior to the wedding day.

Requirements:

• Full and fair disclosure of the earnings and property of each party, along with the basis of those values
• Each party had the opportunity to consult with legal counsel of their own choosing
• Substantively fair, meaning not unconscionable by its terms or because of drastically changed circumstances
• In writing and signed by both parties
• Executed in the presence of two witnesses
• Acknowledged in the same manner required for deeds
• Signed at least seven calendar days before the wedding day

Does a prenup need to be notarized in Minnesota?

Yes. Unlike many states where notarization is simply good practice, Minnesota's statute makes acknowledgment a formal requirement. Under Minn. Stat. § 519.11, a prenup has to be acknowledged in the same manner deeds are acknowledged in Minnesota, which effectively means the signatures need to be notarized as part of the agreement's valid execution, not just as an optional extra safeguard.

Do both parties need a lawyer for a prenup in Minnesota?

Not necessarily, but each party does need to have had the opportunity to consult one. Minn. Stat. § 519.11 requires that both parties have had the opportunity to consult with legal counsel of their own choosing before the agreement will be considered valid. This means, generally, that each party has enough time to hire an attorney if they want one. Minnesota's statute doesn't require that either party actually hire an attorney, but it does require that the chance to do so was genuinely available, which Minnesota courts, following cases like McKee-Johnson v. Johnson, 444 N.W.2d 259 (Minn. 1989), treat as a meaningful part of whether the agreement should be enforced.

What makes a prenup invalid in Minnesota?

A Minnesota prenuptial contract can fail to meet the requirements of Minn. Stat. § 519.11 if there wasn't full and fair disclosure of each party's earnings and property, if one party didn't have a genuine opportunity to consult independent counsel, or if the agreement wasn't properly executed in writing, signed, witnessed by two witnesses, and acknowledged like a deed. Additionally, the prenup may be deemed invalid if it was signed too close to the wedding day, meaning less than seven days prior to the marriage.

Because Minnesota builds these formalities directly into the statute rather than leaving them to case-by-case judicial interpretation, a Minnesota prenup that skips any of these steps is at real risk of being found invalid on that basis alone, separate from any question about fairness of the underlying terms.

How long before the wedding should I sign a prenup in Minnesota?

A Minnesota prenup should be signed at least seven calendar days prior to the wedding day. This rule was added to the Minnesota statute in 2024, making it clear that the legislature wants parties to have the prenup signed and executed several days in advance of the wedding to avoid duress and overreaching between the parties, which can sometimes occur when prenups are presented too close to the wedding day.

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What can & can't be in a Minnesota prenup

Does cheating void a prenup in Minnesota?

No. Under Minnesota law, cheating does not automatically void a prenuptial agreement. Neither Minnesota's prenuptial agreement statute, Minn. Stat. Ann. § 519.11, nor any Minnesota court decision recognizes marital misconduct or infidelity as an independent ground for invalidating a prenuptial agreement. A prenuptial agreement may only be voided on specific procedural or substantive grounds established by the statute and relevant case law.

Are infidelity clauses enforceable in Minnesota?

According to Minnesota prenup attorney, Cindy Perusse, "Infidelity clauses that punish or financially penalize one spouse for having an extra-marital affair are not enforceable in Minnesota. Because Minnesota has a 'no-fault' public policy as the basis for its marital dissolution laws, 'bad behavior' by either party is entirely irrelevant as a factor in granting a divorce and mostly irrelevant in property division. An aggrieved spouse might recover money from a cheating spouse by arguing that marital funds spent on the affair (e.g. vacations, jewelry, purses, etc) were essentially wasted and should be put back into the marital estate. Most judges will not make a spouse 'subsidize' the extramarital affair. Judges do have the discretion to do what is fair. Fair may include an award more of the assets to one spouse as a way of reimbursing for the financial losses due to the infidelity."

Can a prenup include child custody in Minnesota?

No. Minnesota custody decisions are based on the best interests of the child, using the factors set out in Minn. Stat. § 518.17, and that analysis has to reflect the child's actual situation at the time custody is decided. A prenuptial agreement, typically signed long before a couple has children, cannot be used to fix custody terms in advance, since doing so would substitute a private contract for the individualized evaluation the statute requires.

Can a prenup protect a business in Minnesota?

Yes. Minn. Stat. § 519.11 allows engaged couples to enter into a prenuptial contract concerning property either party owns at the time or acquires later, which extends to business ownership interests. A Minnesota prenup can specify that a business owned before the marriage, businesses started during the marriage, along with the business's future growth or any eventual buyout proceeds, will remain the separate, nonmarital property of the founding spouse rather than becoming subject to division as marital property. Delineating business interests as nonmarital property in the prenuptial agreement is key to ensuring the property stays separate.

Can a prenup protect inheritance in Minnesota?

Yes. Minnesota's marital property statute, Minn. Stat. § 518.003, subd. 3b, already classifies property one spouse receives by gift, bequest, devise, or inheritance as nonmarital property that generally isn't divided in a divorce. However, that default state protection can be weakened if the inherited property is commingled with marital assets, and Minnesota law also has specific rules about how an increase in the value of nonmarital property is treated if marital effort contributed to that growth. A Minnesota prenuptial agreement lets a couple spell out clearly, in advance, that inherited or gifted property, and its appreciation, will stay nonmarital regardless of how those issues might otherwise play out.

Marital property in Minnesota

Is Minnesota a community property state?

No, Minnesota is an equitable distribution state, not a community property state. Rather than presuming that everything acquired during the marriage is automatically split 50/50, as they do in community property states, a Minnesota court divides marital property in whatever way it finds just and equitable, given the circumstances of the marriage.

How is property divided in a divorce in Minnesota without a prenup?

Under Minn. Stat. § 518.58, a Minnesota court makes a just and equitable division of the marital property after considering factors such as the length of the marriage, each spouse's health, occupation, income, and vocational skills, and each party's contribution to the acquisition, preservation, or appreciation in value of the marital property, including contributions as a homemaker.

Nonmarital property, defined under Minn. Stat. § 518.003, subd. 3b, generally includes property acquired before the marriage and property received individually by gift or inheritance, and it's excluded from that division. For example, a home purchased during the marriage using income earned by either spouse is typically marital property subject to division, regardless of whose name appears on the deed.

Does a prenup override Minnesota's marital property rules?

Yes, a valid prenuptial agreement that satisfies Minn. Stat. § 519.11 can reshape how property would otherwise be divided under Minnesota's equitable distribution framework. A couple can use the agreement to define in advance which assets will be treated as nonmarital, how future property will be characterized, and how anything acquired together will be divided, effectively replacing the court's default analysis under Minn. Stat. § 518.58 with the terms the couple agreed to themselves.

What is nonmarital property in Minnesota?

Minnesota uses the term "nonmarital property," defined under Minn. Stat. § 518.003, subd. 3b, to describe property acquired before the marriage, property acquired in exchange for nonmarital property, property acquired by one spouse through gift, bequest, devise, or inheritance, and property excluded from the marital estate by a valid prenuptial agreement. In short, what a spouse owned before the wedding, and anything given or left to that spouse individually, is generally treated as nonmarital and outside the division process in a divorce, unless it becomes commingled with marital property in a way that erases its separate character.

Spousal support in Minnesota

Can a prenup waive spousal support in Minnesota?

Yes. Minn. Stat. § 519.11 allows a prenup to address the rights of each party in the event of separation, divorce, or death, which Minnesota courts have interpreted to include spousal support. As with every other part of a Minnesota prenup, a spousal support waiver still has to meet the statute's disclosure and execution requirements, meaning both parties needed full and fair financial disclosure and a genuine opportunity to consult independent counsel before the waiver will be enforced.

How is spousal maintenance determined in Minnesota without a prenup?

Without a prenup, Minnesota courts award spousal maintenance (i.e., "spousal support") under Minn. Stat. § 518.552, weighing factors such as:

• The financial resources of the party seeking maintenance
• The time necessary to acquire sufficient education or training to find appropriate employment
• The standard of living established during the marriage
• The duration of the marriage and, for a homemaker, the length of absence from employment
• The loss of earnings, seniority, or employment opportunities the party seeking maintenance experienced
• The age and physical and emotional condition of the party seeking maintenance
• The ability of the party from whom maintenance is sought to meet their own needs while paying maintenance
• The contribution of each party to the acquisition, preservation, or appreciation of marital property, including as a homemaker

Courts in Minnesota may award alimony for a short period of time (called "transitional"), temporary maintenance, which is just awarded during the divorce proceedings, or indefinite (meaning permanently).

How much does a prenup cost in Minnesota?

How much does a prenup cost in Minnesota?

Costs vary based on the complexity of a couple's finances and the attorneys involved, but a straightforward Minnesota prenup drafted and reviewed by counsel generally runs between $2,000 and $6,500 per couple. Couples with business interests, large or complex trusts, or more extensive negotiation should expect costs toward the higher end of that range or beyond it, and Minnesota's specific witnessing and acknowledgment requirements can add a modest amount of additional coordination time and cost compared to states without those formalities.

What is the cheapest way to get a prenup in Minnesota?

The most cost-effective approach is generally to build the agreement using an online prenup platform and then have a Minnesota-licensed attorney review the finished draft at a flat rate, rather than paying an attorney hourly to draft it from scratch. Platforms like HelloPrenup let couples work through a guided questionnaire to generate the agreement and then connect with a licensed attorney for review, which is especially useful in Minnesota given the statute's specific disclosure, counsel-access, seven-day requirement, and formal execution requirements.

How much does a prenup lawyer cost in Minnesota?

On average, attorneys in Minnesota charge $326 per hour. Family law attorneys handling premarital agreements in Minnesota typically charge somewhere between $250 and $400 per hour, with rates in the Minneapolis-St. Paul area generally running toward the higher end. A simple agreement between two people with modest, easily accounted-for assets generally takes fewer billable hours than one involving business valuations, trusts, or extended negotiation between each side's attorney.

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How to get a prenup in Minnesota

How do I get a prenup in Minnesota?

Couples in Minnesota generally take one of two paths: (1) each partner hires a separate attorney, with one drafting the agreement and the other reviewing and negotiating changes, or (2) the couple uses an online prenup platform to generate the agreement and then arranges attorney review, along with the witnessing and notarial acknowledgment Minnesota's statute requires. The traditional two-attorney route tends to take longer and cost more, since an attorney is billing for drafting time in addition to review. Generating a first draft online and using attorneys mainly for review and execution tends to be the quicker, less expensive path.

Can I write my own prenup in Minnesota?

Yes, in terms of drafting the terms, since Minnesota doesn't require either party to actually hire an attorney. But because Minn. Stat. § 519.11 requires that both parties have the opportunity to consult counsel, requires full and fair financial disclosure, requires the agreement to be signed before two witnesses and acknowledged like a deed, and fully executed seven days before the wedding, a totally self-managed Minnesota prenup still has to satisfy several specific procedural steps that go beyond simply writing down the terms and signing. Skipping any of those formalities creates real risk that the agreement won't be enforced, regardless of how fair its substance is. In other words, hiring a prenup attorney in Minnesota can be helpful for many reasons, even if it's not necessarily required.

How long does it take to get a prenup in Minnesota?

Most couples should expect the process to take anywhere from a few weeks to a couple of months when they go the traditional route of hiring two attorneys. Full financial disclosure is a central requirement under Minn. Stat. § 519.11, so gathering account statements, property records, and debt information properly is worth the time it takes. Coordinating two witnesses and a notarial acknowledgment adds a logistical step that isn't required in every state, so it's worth building that into the timeline as well. And, finally, ensuring that there is at least seven calendar days between the signatures on the agreement and the wedding date is critical.

Do I need a lawyer to get a prenup in Minnesota?

You don't have to hire one, but you do need to have had the opportunity to consult independent counsel for the agreement to be enforceable under Minn. Stat. § 519.11. In practice, "opportunity" typically means having enough time and resources to consult an attorney, if you want one. Hiring an attorney can help deter any arguments that either party didn't have the opportunity to hire one, and help create stronger protection around the agreement.

Caselaw & enforceability

Are prenups enforceable in Minnesota?

Yes, prenuptial agreements are enforceable in Minnesota as long as they satisfy Minn. Stat. § 519.11's requirements: full and fair disclosure of each party's earnings and property, a genuine opportunity for each party to consult independent counsel, proper execution in writing, signed, witnessed, and acknowledged like a deed, and signed seven days before the wedding. Minnesota courts, including in McKee-Johnson v. Johnson, 444 N.W.2d 259 (Minn. 1989), and In re Estate of Kinney, 733 N.W.2d 118 (Minn. 2007), have paid close attention to whether disclosure was genuinely full and fair, since that requirement sits at the center of Minnesota's enforceability standard.

How hard is it to break a prenup in Minnesota?

It's difficult if the agreement was properly executed, but Minnesota's statute gives a challenger several specific, concrete grounds to work with. A spouse can argue that disclosure of earnings or property wasn't full and fair, that they weren't given a genuine opportunity to consult counsel, that it was signed less than seven days before the wedding, that it is not substantively fair, or that the agreement wasn't properly signed, witnessed, and acknowledged as Minn. Stat. § 519.11 requires. Because these are fairly objective, fact-based requirements rather than an open-ended fairness inquiry, Minnesota disputes often come down closely to what was actually disclosed and how the signing itself was handled.

For example, in Siewert v. Siewert, 691 N.W.2d 504 (Minn. Ct. App. 2005), the parties signed their prenuptial agreement four days before their wedding. The agreement was signed and notarized by the drafting attorney, but no second witness signed the document. The court rejected the husband's argument that the agreement should be saved, noting that he offered no explanation for the failure to obtain a second witness and did not allege any good-faith belief that one witness was sufficient. The court drew a clear rule: a prenuptial agreement that does not satisfy the plain requirement of two witnesses under the statute is invalid and unenforceable.

Can a judge throw out a prenup in Minnesota?

Yes, but only where one of the specific statutory requirements under Minn. Stat. § 519.11 wasn't met or certain common law requirements are not met. A Minnesota court will look at whether there was full and fair disclosure, whether each party had a genuine opportunity to consult counsel, the substantive and procedural fairness of the agreement, and whether the execution formalities, including witnessing and acknowledgment, were properly followed.

For example, in 2018, the Minnesota Supreme Court in Kremer found the agreement was created under duress. In that case, the husband had secretly contacted an attorney to prepare the agreement, had at least six contacts with the attorney over the course of a month, and without the wife's knowledge furnished the attorney with copies of her tax returns. He then presented the completed agreement to the wife and made clear that if she did not sign, the wedding was off. The couple was scheduled to leave for the Cayman Islands just three days later; family members had already paid for lodging and airfare and some were already en route. The court held that the wife's free will was overcome by the husband's threat to call off the wedding and the severely limited time she had to consider the agreement, consult with an attorney, and decide whether to sign.

The court defined duress as coercion by means of threats or other circumstances that destroy the victim's free will and compel her to comply with some demand of the party exerting the coercion. Because the weight of the inadequate consideration and duress factors was so significant, the court held that even assuming full financial disclosure and the wife's understanding of the agreement's impact, the agreement could not satisfy the common-law test for procedural fairness. (Kremer v. Kremer, 912 N.W.2d 617 (Minn. 2018)).

What can void a prenup in Minnesota?

A Minnesota prenup contract can be found invalid or unenforceable if:

• There wasn't full and fair disclosure of each party's earnings and property, showing the basis for the value of each
• One party didn't have a genuine opportunity to consult independent legal counsel
• The agreement wasn't substantively fair
• The agreement wasn't in writing or wasn't signed by both parties
• The agreement wasn't executed in the presence of two witnesses
• The agreement wasn't executed seven calendar days in advance
• The agreement wasn't properly acknowledged in the manner required for deeds
• A provision violates public policy or requires an illegal act

Outside of these grounds, Minnesota courts generally hold couples to the terms of a properly executed agreement.

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Duration & after-marriage

How long does a prenup last in Minnesota?

A valid Minnesota antenuptial contract generally remains in effect for the duration of the marriage unless the couple builds in an end date, sometimes called a "sunset clause" because it "sunsets" part or all of the contract. Some couples add a sunset clause ending some or all of the agreement's terms after a certain number of years or on a specific wedding anniversary, often to reflect that a long marriage has become far more financially intertwined than it was at the time of signing.

Can you get a prenup after marriage in Minnesota?

No, a prenuptial agreement by definition has to be signed before the wedding. However, under Minn. Stat. § 519.11, you may get a postnuptial agreement which largely follows the same requirements as prenuptial agreements, however adds on a few additional requirements. Minnesota postnuptial agreements, by law, require two attorneys. In addition, any divorce filed within two years of the agreement may be presumed invalid.

Can you change a prenup in Minnesota?

Yes, Minn. Stat. § 519.11, subd. 2a specifically states what is required for changing your prenup. It must follow all of the same requirements as the original prenup, and also requires the same rules that apply to a postnuptial agreement. In other words, prenup amendments in Minnesota require attorney representation and should a divorce be filed within two years of the agreement, it is presumed invalid. Couples sometimes want to make changes to their prenup if their life circumstances have significantly changed, such as a career change or significant financial upheaval.

Cross-border & recognition

Is a prenup signed in another state valid in Minnesota?

Minnesota courts treat out-of-state prenuptial agreements as a matter of contract law subject to a well-established choice-of-law framework. This means that when a prenup contains a valid choice-of-law provision designating another state's (or country's) law, Minnesota courts will generally honor it, provided the parties acted in good faith and without intent to evade Minnesota law. When no such choice-of-law provision exists, courts apply Minnesota's five-factor "choice-influencing considerations" test to determine which state's law governs. Even if another state's law applies, Minnesota retains the authority to refuse enforcement on public policy grounds, including unconscionability. If Minnesota law ultimately applies, the prenup must satisfy both the procedural and substantive fairness requirements of Minn. Stat. § 519.11 and Minnesota common law.

What happens to my Minnesota prenup if I move to another state?

This depends on how the new state treats choice-of-law provisions and its own prenuptial agreement law. Many states will generally respect a Minnesota choice-of-law clause and apply Minnesota's standards to interpret the agreement, particularly where the couple had a meaningful connection to Minnesota when they signed it. Other states may still apply their own public policy limits to specific provisions, even while otherwise deferring to the parties' choice of law. For couples who live in Minnesota now but may relocate later, a clearly drafted choice-of-law clause improves the odds that Minnesota law will continue to govern the agreement, though it isn't a guarantee in every jurisdiction.