Prenups & Postnups Under Minn. Stat. § 519.11
Enforceability checkpoints and drafting pitfalls
Marital agreements are planning tools, not relationship statements. In Minnesota, premarital (prenuptial) and postnuptial agreements are enforceable when they’re done thoughtfully and fairly. The best ones are specific, complete, and readable. The worst? Rushed documents with vague terms and missing disclosures that invite a future court to set them aside.
What courts look for—two kinds of fairness
Minnesota courts consider both procedural fairness (how the agreement was reached) and substantive fairness (the actual deal). While the statute provides formal requirements, judges also ask: Did both sides understand the terms? Was there pressure? Would enforcing the agreement be fundamentally fair?
Procedural fairness checkpoints
Writing and formalities. The agreement must be written and properly executed.
Full and understandable disclosure. Schedules that show assets, debts, income, and (ideally) recent tax returns or pay statements. Clarity is preferred.
Timing. Present drafts with time to review and negotiate. Avoid eleventh-hour signings, and ensure that the agreement is fully completed more than one week prior to any wedding date.
Independent counsel. Strongly recommended for prenuptial agreements and an essential best practice for postnuptial agreements; each party should have their own attorney.
Meaningful negotiation. Redlines and changes show this was not an example of “sign or else.”
Substantive fairness checkpoints
Are maintenance (spousal support) provisions unconscionable at execution or at enforcement?
Are property divisions clear on growth, appreciation, and income (especially for businesses and investments)?
Are there safety valves for unexpected hardship (serious illness, disability, long marriages with career sacrifices)?
Common drafting pitfalls
Vague exhibits (“as listed with my advisor”) rather than itemized disclosures.
Boilerplate waivers of maintenance with no consideration of length of marriage, kids, or health.
Silence about appreciation of nonmarital assets—do increases remain separate or get shared?
Business interests without rules for valuation, access to records, or buyout mechanics.
Last-minute execution that looks coercive even if technical formalities are met.
How to write agreements that hold up
Start early. For prenups, begin at least a month before the wedding. For postnups, pick calm waters—not the week a dispute is brewing.
Use plain language and examples. “If A happens, then B.” Balance detail with readability.
Tie documents together. If the deal relies on a trust, insurance, or corporate records, attach or reference them and make delivery a condition.
Plan for the future. Address how to handle children, inheritances, and career shifts. Consider sunset clauses or review dates.
Scope ideas (what to cover)
Classification of property (separate vs. marital)
Division upon divorce or death
Maintenance (including floors/ceilings and triggers)
Debts and responsibility for new debts
Treatment of businesses, real estate, and equity comp
Insurance, estate-planning coordination, and dispute resolution
Bottom line: The strongest agreements pair full disclosure with understandable, even-handed terms. They don’t try to guess every future twist—but they create a framework everyone can live with.
Considering a prenup or postnup in Minnesota? Our family law team drafts enforceable, practical agreements tailored to real life.
