Minnesota prenuptial agreements, commonly known as antenuptial agreements, may be executed between couples planning to get married. In addition, prenuptial agreements can safeguard your ownership of property and other possessions in a divorce.
Besides, prenuptial agreements in Minnesota are occasionally used as estate planning tools. So if you are considering signing a prenuptial contract in Minnesota, it is essential to comprehend the contractual process and understand what to expect and how to enforce the contract.
Understanding the Requirements for a Valid Minnesota Prenuptial Agreement:
To be lawful, your Minnesota prenuptial agreement must:
- Be in writing
- Be signed by two witnesses
- Be signed voluntarily by both parties
- Be notarized
- Incorporate fair terms only
- Be signed at a suitable time before the marriage
- Provide the chance for both partners to obtain legal advice
- Include a complete disclosure of your finances (earnings, investments, and debt)
- If trading in real estate, it must be registered in the county in which the real estate is situated
What to Exclude from Your Minnesota Prenuptial Agreement
Below are some points you must exclude from your Minnesota prenuptial agreement
- Provisions that are unconscionable or unfair (i.e., terms that are unreasonably one-sided)
- Provisions involving child support or custody
- Provisions that violate “public policy.”
- Non-financial provisions (ex., terms demanding weight loss)
- Provisions that infringe public policy (i.e., illegal, immoral)
Other considerations include that a prenuptial agreement cannot be signed under pressure (i.e., mandating your future spouse sign the contract hours before the wedding).
Creating a Minnesota Prenuptial Agreement
In Minnesota, prenuptial contracts must be executed in writing and signed in the presence of two witnesses. And no two prenuptial contracts look just alike. Nevertheless, these prenuptial agreements tend to emphasize the following considerations:
- Whether either partner is entitled to spousal maintenance in case of divorce
- How debt or marital property would be split during a future divorce.
- The ownership partners have property presently held as a couple or as individuals.
In Minnesota, child maintenance cannot be incorporated in prenuptial contracts, as it, by law, belongs to the kid, not the parent.
Conclusion
Notwithstanding the stipulations incorporated in the prenuptial contract, it is only reasonable if both parties reveal all incomes and property. In addition, both parties should have the chance to meet with separate lawyers. And after marriage, prenuptial agreements can only be modified or canceled by executing official postnuptial contracts. So if you are seeking legal assistance for executing your prenuptial agreement, our expert lawyers at Contracts Counsel are there to assist you in drafting a comprehensive agreement that will help guard your finances.
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Meet some of our Minnesota Prenuptial Agreement Lawyers
Michael C.
I offer top-tier legal expertise in startups, corporate governance, and general legal research. As a professor and published author of research articles and conference presentations, I have established myself as a legal expert, writer, and scholar. My strong research skills and innovative thinking make me a highly capable business consultant, legal adviser, and copywriter. Currently a member of the Minnesota bar. Recent freelance projects include business plans, contract drafting, legal advisory memoranda, due diligence, pre-trial motion practice, and discovery review.
Deanna M.
I have had the opportunity to experience the legal industry in a private setting and public sector, representing individuals, companies of all sizes, as well as the Government. As a strong leader, I take pride in continuously tackling new challenges and learning as much as possible, always finding answers and delivering results to my clients. I received my JD from Ave Maria School of Law in Naples, Florida and went on to pass the Uniform Bar Exam. I am currently licensed in Minnesota and North Carolina. I have experience in real estate law, estate planning, contract law, family law, criminal law, and more.
March 24, 2023
Morgan N.
Morgan is a real estate attorney with six years of experience in residential, land, and commercial real estate transactions. He has experience assisting municipalities, businesses, buyers and sellers in real estate related matters. He has worked on various projects including purchase agreements, contract for deed, easements, mortgages, access agreements, contract/lease review and also title review. Prior to entering private practice, Morgan was a Realtor and assisted buyers and sellers in residential sales and closing services. Morgan provides proactive, responsive and dependable work to each client and project.
August 3, 2023
Noelle S.
I have been practicing law in Minnesota for the past 17 years, in general civil practice. My primary focus is employment law and contracts.
August 31, 2023
Jessica I.
Jess has been practicing law since 2018, but she's been in the business world far longer. Prior to law school, she gained valuable experiences managing in both retail and service industries. As an attorney, she combines practical real-world know-how with a deep understanding of the law. Learn more at www.voyagerlawmn.com
September 6, 2023
Christopher L.
I have worked in banking, financial technology and technology as a legal and compliance executive who negotiates and drafts contracts, ensures products and services comply with applicable regulations, implements policies and procedures, oversees litigation, and manages corporate governance programs.
December 20, 2023
Misi A.
As a Senior Legal Professional, I have 16+ years experience with extensive background in commercial transactions and as a corporate generalist. I am well versed in contracts lifecycle, risk assessment, compliance, and healthcare regulations. My competencies extend to contract management and detailed project management skills. I have leveraged my legal contracts expertise to mitigate organizational risk, reduce costs, and drive multi-million-dollar revenue increases.
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Prenuptial Agreement
Massachusetts
How does a prenuptial agreement affect estate planning?
I am getting married soon and I am interested in understanding how a prenuptial agreement would affect my estate planning. I would like to know what steps I should take to ensure that my assets are protected and that my wishes are carried out after I pass away. I am also curious as to how a prenuptial agreement might affect the distribution of my assets to my family members and other beneficiaries.
Briana C.
A prenuptial agreement does not create an estate plan. But it can do two things. First, a prenuptial agreement can create a contractual promise on the part of one or both spouses to do something in particular with their estate plan (such as promising to leave the marital home to the surviving spouse, or promising to leave everything they have to the surviving spouse, or promising to set up a trust, etc. etc.). If this contractual promise is broken, the surviving spouse has a contract claim against the estate of the dead spouse. Second, and almost the opposite, in a prenuptial agreement one or both spouses can waive the rights they would otherwise have by statute, thus freeing up the other spouse to do whatever he or she wants with her estate plan. Without a prenuptial agreement, a surviving spouse is entitled by statute to inherit a certain proportion of the estate of the dead spouse (the exact proportion depends on whether or not the dead spouse has a will, and/or has surviving children). The prenuptial agreement can override these statutory rights and provide that the surviving spouse is not entitled to inherit anything from the dead spouse, except for anything the dead spouse may choose to leave the surviving spouse in his or her will.
Family
Prenuptial Agreement
California
Are prenuptial agreements public record?
My partner and I are considering signing a prenuptial agreement before getting married. I want to keep it confidential and I'm not sure if we have to file this with the state or when we get married and would be publicly available?
Michael M.
Prenuptial Agreements are private agreements between the parties. They are typically not public, however, if the matter goes to court, they can be made part of the public record.
Family
Prenuptial Agreement
New York
Prenup
Hey i'm getting married next month in NY How much will it cost?
Jane C.
I suggest you submit a proposal for lawyers to bid on.
Family
Prenuptial Agreement
Massachusetts
How does a prenuptial agreement affect taxes?
As a couple planning to get married, my partner and I are concerned about the tax implications of a prenuptial agreement. We are wondering if entering into a prenuptial agreement will have any impact on our tax obligations or if there are any specific tax considerations that we should be aware of. We are seeking advice from a lawyer who can provide us with guidance on this matter.
Briana C.
A prenuptial agreement does not in itself affect how taxing authorities will treat the spouses. But it can create promises between the spouses toward one another. For example, it may create a promise to file jointly, or specify that they are making no such promise. And it can create a promise by each spouse to pay the other back for any taxes the other pays on his or spouse's behalf. The decision whether to file jointly or separately does have tax implications with taxing authorities.
Family
Prenuptial Agreement
Massachusetts
Is a prenuptial agreement legally binding?
I am planning to get married and I have been advised to consider a prenuptial agreement to protect my assets in the event of a divorce. However, I am unclear on the legal validity and enforceability of a prenuptial agreement and whether it can be challenged or overturned in court. Therefore, I would like to seek the advice of a lawyer to help me understand the legal implications of a prenuptial agreement and ensure that my interests are protected.
Briana C.
Judges in most cases honor and enforce (signed and notarized) prenuptial agreements between two spouses as long as both parties entered it freely and voluntarily and with full knowledge of one another financial circumstances, and the agreement is not "unconscionable." A prenuptial agreement may not be enforced if (1) either party signed it under duress or coercion or undue pressure (or, say, the night before the wedding), (2) the party seeking to enforce it did not truthfully and completely disclose their financial information, or (3) enforcing the prenup would leave one spouse so destitute that they could not meet their most basic living expenses (i.e., would be forced onto welfare). In short, the prenuptial agreement will be enforced if (1) all the procedural requirements were met at the time it was signed and (2) the terms are not unconscionable, taking into account the circumstances existing at the time of divorce.
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Location: North Carolina
Turnaround: Less than a week
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Doc Type: Prenuptial Agreement
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Prenup agreement
Location: Florida
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