Minnesota Prenuptial Agreement Laws: 2024 Rules and Requirements

Prenuptial agreements, which Minnesota law calls antenuptial agreements, are enforceable in Minnesota when they meet Minn. Stat. 519.11. The legislature rewrote that section in 2024 (Laws 2024, chapter 101), and for agreements executed on or after August 1, 2024, an agreement is valid if it meets the procedural fairness rules in subdivision 1b and the substantive fairness rules in subdivision 1c.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers antenuptial (prenuptial) and postnuptial agreements under Minn. Stat. 519.11 as rewritten by Laws 2024, chapter 101, three Minnesota Supreme Court decisions on earlier law, and the property-division rule in 518.58. It does not cover child support or custody terms in agreements, estate planning, or other states' law. For how property is divided in a Minnesota divorce, see Minnesota divorce laws.

Are prenups enforceable in Minnesota?

Yes. Section 519.11, subdivision 1 provides:

"Two individuals of legal age may enter into an antenuptial agreement prior to the solemnization of marriage which shall be valid and enforceable if the agreement meets the procedural and substantive fairness requirements under subdivisions 1b and 1c."

Minnesota uses its own statutory framework and its own term, "antenuptial agreement," rather than the short title of a uniform act. Under subdivision 1(c), "The marriage itself is adequate consideration for an agreement made in conformity with this section."

Which agreements the 2024 rules govern

Laws 2024, chapter 101 rewrote 519.11. Under subdivision 6, the current version applies to agreements executed on or after August 1, 2024. An agreement signed before that date was judged under earlier law, which the court decisions described below construed. Anyone relying on an older agreement should ask a Minnesota lawyer which version of the law governs it.

Procedural fairness: what a Minnesota prenup needs

Subdivision 1b sets the procedural requirements. The table summarizes them.

The disclosure rule is stated without exception: "A party must not waive the full and fair disclosure requirement under paragraph (b), clause (1)." Under subdivision 1b(d), a power of attorney does not satisfy the execution requirements.

The counsel requirement is about opportunity. For an antenuptial agreement, the statute requires that each party had a meaningful chance to consult their own lawyer, not that each party actually hired one.

The seven-day rule

Timing affects who carries the burden in court. Under subdivision 1b(c), if the agreement was entered into at least seven days before the marriage, it is presumed enforceable, and the party seeking to set it aside bears the burden. If it was signed less than seven days before the wedding, it is not presumed enforceable, and the party seeking to enforce it bears the burden.

Substantive fairness: when a court can set a prenup aside

Subdivision 1c asks whether all or part of the agreement is so unfair as to be unconscionable, either by its terms or because circumstances have drastically changed in ways the parties did not foresee.

Two points in subdivision 1c limit that review. An agreement does not need to approximate the division a court would make under the statutes, and a deviation from that statutory division is not by itself unconscionable.

If an agreement unambiguously permits severability, the court may sever unenforceable provisions (subd. 1(e)).

Spousal maintenance in a Minnesota prenup

Under subdivision 1(b)(2), an antenuptial agreement may provide for spousal maintenance. Maintenance terms are part of the agreement, so they are subject to the subdivision 1c unconscionability review like any other provision. This page does not cover any separate statutory limit on maintenance waivers. For how maintenance works without an agreement, see Minnesota alimony laws.

Child support and custody

The current text of 519.11 does not address child support or custody. Child support is governed by separate Minnesota law, and this page does not cover whether or how an antenuptial agreement can affect child support or custody. Ask a Minnesota family lawyer about any agreement that touches on children.

Amending or revoking a prenup

Under subdivision 2a, after the marriage an antenuptial agreement may be amended or revoked only by a valid postnuptial agreement that complies with 519.11. A postnuptial agreement, in turn, may be amended or revoked only by a later valid postnuptial agreement.

Postnuptial agreements in Minnesota

Section 519.11, subdivision 1d authorizes postnuptial agreements between legally married spouses, and they carry stricter rules than prenups:

• Same fairness tests. A postnuptial agreement must meet the antenuptial procedural and substantive fairness requirements, except the seven-day rule.
• Separate counsel is mandatory. A postnuptial agreement is valid only if each spouse is represented by separate legal counsel when it is executed.
• Two-year presumption. If either spouse starts a legal separation or dissolution action within two years after the agreement is executed, the agreement is presumed unenforceable unless the party relying on it shows that it is fair and equitable.

Subdivision 1d(e) adds that these rules do not impair a post-marriage contract, agreement or waiver described in the probate code's elective-share sections, 524.2-201 to 524.2-215.

These rules apply to postnuptial agreements executed on or after August 1, 2024 (subd. 6).

How Minnesota courts treated prenups under earlier law

Three Minnesota Supreme Court decisions shaped the law before the 2024 rewrite. They construe the pre-2024 statute or the common law, not the current text of 519.11, so they explain older agreements and the history behind today's rules rather than the current test.

In re Estate of Serbus, 324 N.W.2d 381 (Minn. 1982). The court upheld a 1963 antenuptial agreement under the common law, because the statute did not apply to it. The proponent of the agreement bore the burden of showing that the wife knew the extent of the husband's property; her knowledge was sufficient despite inadequate consideration, and the lack of an attorney's advice was not fatal on the unusual facts of the case.

McKee-Johnson v. Johnson, 444 N.W.2d 259 (Minn. 1989). Construing the 1988 version of 519.11, the court held that the statute did not void antenuptial provisions allocating marital property. The proponent bears the burden of showing procedural fairness (a voluntary agreement, full financial disclosure and access to independent counsel) and substantive fairness. The court said disclosure of present assets, liabilities and financial status is enough for procedural fairness, and that a premarital agreement need not approximate the statutory division to be substantively fair. On the timing of fairness review, the court stated:

"We ascertain no reason why courts should not extend a similar scrutiny to challenged provisions of antenuptial agreements, if the premises upon which they were originally based have so drastically changed that enforcement would not comport with the reasonable expectations of the parties at the inception to such an extent that to validate them at the time of enforcement would be unconscionable."

The court found procedural fairness met and sent the case back "for a review of the substantive fairness as of the time of the execution, and further, if necessary, as of the time of the enforcement."

In re Estate of Kinney, 733 N.W.2d 118 (Minn. 2007). Reviewing a 1969 agreement under the common law, the court held: "We hold that the opportunity to consult with independent counsel is not a requirement, but is one of several relevant factors that courts may consider when determining whether an antenuptial agreement is fair and equitable and therefore enforceable under common law." Kinney overruled McKee-Johnson and Serbus to the extent they implied otherwise.

The 2024 statute now writes several of these themes into the text: disclosure (which may not be waived), an opportunity to consult counsel, and an unconscionability review that reaches drastically changed circumstances.

Minnesota property division without a prenup

Minnesota is not a community property state. Under 518.58, subdivision 1, the court makes a "just and equitable division of the marital property of the parties without regard to marital misconduct." An antenuptial agreement lets a couple set different terms, within the limits above. For the full divorce rules, see Minnesota divorce laws.

Who drafts a Minnesota prenup

A lawyer licensed in Minnesota can draft or review antenuptial agreements. The statute itself favors counsel: each party must have had a meaningful opportunity to consult independent counsel for a prenup, and each spouse must have separate counsel for a postnup. This page is general information and does not provide sample terms or drafting guidance.

Disclaimer: This article provides general legal information about antenuptial and postnuptial agreements under Minnesota law (Minn. Stat. 519.11 as rewritten by Laws 2024, chapter 101, and 518.58), verified on 2026-10-08. It is not legal advice. For advice about your situation, consult a lawyer licensed in Minnesota.

Related

• Prenuptial agreement laws in every state
• Minnesota divorce laws
• Minnesota alimony laws
• Minnesota child support laws

Last updated: 2026-10-08.

Frequently Asked Questions

Are prenups legal in Minnesota?

Yes. Under Minn. Stat. 519.11, two people of legal age may enter an antenuptial agreement before marrying, and it is valid and enforceable if it meets the procedural and substantive fairness requirements in subdivisions 1b and 1c.

Does a prenup need to be notarized in Minnesota?

Section 519.11, subd. 1b requires the agreement to be in writing, executed in the presence of two witnesses, and acknowledged before a person authorized to administer an oath under Minnesota law.

How far before the wedding must a prenup be signed in Minnesota?

Under 519.11, subd. 1b, an agreement signed at least seven days before the marriage is presumed enforceable. One signed later is not presumed enforceable, and the party relying on it bears the burden.

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

For a prenup, each party must have had a meaningful opportunity to consult independent counsel of their choosing (519.11, subd. 1b). For a postnuptial agreement, each spouse must actually be represented by separate counsel (subd. 1d).

Can you waive financial disclosure in a Minnesota prenup?

No. Section 519.11, subd. 1b requires full and fair disclosure of current income and property and states that a party must not waive that requirement.

Can a Minnesota prenup waive spousal maintenance?

Section 519.11, subd. 1(b)(2) lets an agreement provide for spousal maintenance, and those terms are subject to the unconscionability review in subd. 1c.

Does the 2024 Minnesota prenup law apply to older agreements?

Under 519.11, subd. 6, the rewritten section applies to agreements executed on or after August 1, 2024. Older agreements were judged under earlier law, so ask a Minnesota lawyer which version governs a specific agreement.

Are postnuptial agreements enforceable in Minnesota?

Yes, if they meet 519.11, subd. 1d: the antenuptial fairness rules apply (except the seven-day rule), each spouse must have separate counsel, and an agreement followed within two years by a separation or dissolution action is presumed unenforceable unless shown fair and equitable.