Minnesota Prenuptial Agreement Form

Prenups are widely used among wealthy people to protect themselves from unexpected poverty and fraud. Marrying someone for their money without having any feelings is, alas, still a popular method to reach a certain standard of living. So, the wealthy partner may offer to sign a prenup to indicate how the properties will be shared in case of an official breakup.

However, richness is not the only reason to conclude these agreements. Middle-class couples and people with low income create them, too. These documents regulate a wide range of matters:

• Managing private assets and debts. Partners create their financial disclosures and list their personal assets and debts to draw a borderline between mutual and private belongings. They also decide who can use what and what happens if a divorce takes place.
• Managing mutual properties and liabilities. Normally, marriage partners purchase items together and incur debts. In the agreement, they can define how to manage the bought stuff and cover the debts while they are married and if they split up.
• Paying taxes. Future spouses can indicate how they will pay taxes while they are married: together or individually.
• Owning a business. If one partner owns any business, they can transfer part of it to the other partner or leave it as an individual asset.
• Spending money in daily life. Household costs, bank accounts usage, and other daily expenses can also be included in the agreement.

Using a prenup agreement, a couple can define the rules for the matters mentioned above during matrimony, after a divorce, or even if one spouse passes away or loses the capacity to act. The list above is not full because couples may add in their contract any matter they consider relevant.

The only exception is that your agreement cannot tell about your child’s alimony and upbringing. The document focuses only on tangible matters, while the rules for child care are determined in court.

Prenuptial agreements are generally signed before marriage. Nonetheless, some states permit their creation after the wedding. In Minnesota, this rule is reflected at the legislative level—there are antenuptial and postnuptial agreements.

Such agreements signing used to be a bad practice in the United States. But today, almost every state regulates the topic and considers such documents lawful. Therefore, you can create the contract in Minnesota or any other US state. However, the state laws might differ from state to state.

If you and your partner realize the importance of such an agreement and are willing to sign the document, use our form-building software to get the Minnesota prenuptial agreement form. Before you finalize your template, read about the state laws for these agreements below.

Minnesota Prenup Laws and Requirements

As we are already aware, there are two kinds of marriage agreements in Minnesota: antenuptial (the same as prenuptial) and postnuptial. Both documents are described in Section 519.11 of the Minnesota Statutes.

Signing Requirements

In Minnesota, partners’ signatures left on the agreement are not enough; according to Subsection 2 of Section 519.11, two witnesses must sign the contract besides the partners. Furthermore, a public notary’s acknowledgment is compulsory.

Enforceability

Subsection 1 of Section 519.11 allows partners to conclude such agreements:

• If they have an opportunity to consult with a lawyer before signing
• If they have honestly disclosed to each other their assets and debts

The document becomes valid after the marriage is solemnized. Subsection 2a of Section 519.11 lets Minnesota residents revoke or correct their antenuptial agreement only by formulating a postnuptial agreement after a couple is officially married.

What Prenups Can Cover

You can add any condition regarding your properties, debts, and funds. It is impossible to include any rule or provision governing child care.

If your agreement touches on your or your partner’s real estate, you can register the agreement in the county where the real estate is located (Subsection 3, Section 519.11).

Other Minnesota Forms
Try our document builder to customize any template offered on our website to your requirements. Here’s a range of other printable Minnesota documents we offer.

Minnesota Last Will Minnesota Small Estate Affidavit Minnesota Bill of Sale Minnesota Power of Attorney Minnesota Rental Lease Agreement Minnesota Eviction Notice Minnesota Promissory Note Minnesota Non-compete Agreement Minnesota LLC Operating Agreement