Introduction
Whether you’re about to get married or you’re already married, you may have questions about protecting your assets and defining expectations with your partner. In Minnesota, prenuptial (prenup) and postnuptial (postnup) agreements serve as tools to clarify financial boundaries and responsibilities — but not all agreements are enforceable.
In this guide, we’ll explain what makes a prenup or postnup valid under Minnesota law, what you can and cannot include, and how the family law attorneys at Martine Law can help draft or review your agreement to ensure it’s legally sound.
What Is a Prenuptial Agreement?
A prenuptial agreement is a written contract created by two people before they get married. It outlines how property, assets, debts, and even future income will be handled in the event of divorce or death.
In Minnesota, prenups are commonly used to:
- Protect individual assets acquired before marriage
- Outline how marital property will be divided
- Clarify responsibility for pre-marriage debts
- Support estate planning
- Establish or waive spousal maintenance (alimony)
A prenup cannot include decisions about child custody or child support, as those are determined based on the best interests of the child at the time of separation.
What Is a Postnuptial Agreement?
A postnuptial agreement is similar to a prenup, but it’s created after the couple is already legally married. Couples may choose a postnup if:
- They did not sign a prenup before marriage
- There’s a change in financial circumstances (inheritance, business venture, etc.)
- They want to define property rights in light of marital challenges or reconciliation
Just like a prenup, a postnup must meet certain legal standards to be enforceable under Minnesota law.
What Makes a Prenup or Postnup Enforceable in Minnesota?
To be legally valid and enforceable, Minnesota has specific requirements:
1. Written Agreement
Verbal agreements will not be enforced. Both prenups and postnups must be in writing and signed by both parties.
2. Disclosure of Assets
Both parties must fully disclose their assets, income, debts, and liabilities before signing. Failing to do so can render the agreement invalid.
3. Voluntary and Free of Duress
The agreement must be signed voluntarily. If one party was pressured or signed under duress, the court may refuse to enforce it.
4. Independent Legal Counsel Encouraged
While not required, it’s strongly advised that each party consult their own attorney. If only one party had legal representation, the agreement may be scrutinized more closely.
5. Fair and Reasonable Terms
While you can waive spousal maintenance in a prenup or postnup, the court will only uphold the waiver if it’s fair at the time of enforcement. For example, if the agreement would leave one party destitute after a divorce, the court might strike it down.
When Will a Minnesota Court Refuse to Enforce a Prenup or Postnup?
Courts in Minnesota may refuse to enforce a marital agreement if:
- It was not executed in accordance with legal requirements
- There was fraudulent nondisclosure of assets or debts
- The agreement is unconscionable (grossly unfair)
- One party did not understand the agreement
- There is evidence of coercion, manipulation, or pressure
The Minnesota Judicial Branch emphasizes the importance of fairness and transparency in family law agreements.
What Cannot Be Included in a Prenup or Postnup?
While you have flexibility in defining property rights, Minnesota law prohibits certain terms:
- Child custody or parenting time provisions
- Child support waivers
- Agreements that attempt to restrict court authority in family matters
- Unreasonable lifestyle clauses (e.g., weight gain penalties or intimacy rules)
Child-related issues will always be evaluated by the court using the best interests of the child standard.
Common Reasons Couples Create Prenups or Postnups
- Second marriages where parties want to protect children from prior relationships
- Business owners who want to separate personal and business assets
- Individuals with significant inheritance expected during the marriage
- Debt protection where one spouse has substantial liabilities
- Estate planning to preserve generational wealth
Are Postnups Harder to Enforce?
Yes. Courts tend to scrutinize postnuptial agreements more closely because:
- They are created during the marriage, when emotional and financial pressures may be present
- One spouse may have more bargaining power
- There’s a higher risk of coercion
That’s why working with a qualified attorney is essential. At Martine Law, we ensure that all legal standards are met and that both parties enter the agreement knowingly and willingly.
Can Prenups or Postnups Be Modified or Revoked?
Yes. You and your spouse can amend or revoke a prenuptial or postnuptial agreement at any time — as long as both of you agree in writing. The revised agreement must be signed and meet the same legal requirements as the original.
Why You Should Work With an Attorney
Whether you’re creating a prenup before marriage or drafting a postnup during marriage, legal advice is essential. At Martine Law, we:
- Ensure all legal requirements are met
- Help you draft fair and enforceable agreements
- Advise on complex property and asset issues
- Protect your interests and clarify expectations
If you already have an agreement and are concerned about its validity or enforceability, we also offer agreement reviews.
Final Thoughts
Prenuptial and postnuptial agreements can provide clarity, financial protection, and peace of mind for both spouses — but only if done correctly. If you’re considering a marital agreement, don’t leave it to chance. Get the guidance you need from a trusted legal team.
Contact Martine Law today to schedule a confidential consultation and protect your future.