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Minnesota Premarital and Prenuptial Agreements

The Uniform Premarital Agreement Act, which was written by the National Conference of Commissioners on Uniform State Law in 1983, encourages the enforcement of prenuptial agreements. The exact UPAA standards differ from state to state just like other divorce laws. The following is the Minnesota state statutes regarding premarital and prenuptial agreements and how they are considered and enforced by the Minnesota court.

Minnesota: Minn. Stat. 519.11 (2007):

Agreement must be notarized and witnessed; statute allows limitations on marital property and spousal rights in probate.

Subdivision 1. Antenuptial contract.

A man and woman of legal age may enter into an antenuptial contract or settlement prior to solemnization of marriage which shall be valid and enforceable if :

(a) there is a full and fair disclosure of the earnings and property of each party, and

(b) the parties have had an opportunity to consult with legal counsel of their own choice.

An antenuptial contract or settlement made in conformity with this section may determine what rights each party has in the nonmarital property, defined in section 518.003, subdivision 3b, upon dissolution of marriage, legal separation or after its termination by death and may bar each other of all rights in the respective estates not so secured to them by their agreement. This section shall not be construed to make invalid or unenforceable any antenuptial agreement or settlement made and executed in conformity with this section because the agreement or settlement covers or includes marital property, if the agreement or settlement would be valid and enforceable without regard to this section.