Are prenuptial agreements enforceable in Minnesota?

Minnesota's prenup statute creates clear procedural safeguards and a presumption of enforceability for property provisions when followed.

1. Governing Statute

Minn. Stat. § 519.11, "Antenuptial Settlements," sets the controlling framework. Common-law gloss comes from McKee-Johnson v. Johnson, 444 N.W.2d 259 (Minn. 1989).

2. Formality Requirements

The agreement must be in writing, signed by both parties, executed before two witnesses, and acknowledged before a notary public or other official authorized to take acknowledgments (Minn. Stat. § 519.11, subd. 2). It must be entered into and signed by the parties at least seven days before the marriage when waiving statutory rights of inheritance in the proponent's separate property.

3. Voluntariness

Minn. Stat. § 519.11, subd. 1, requires that each party have had the opportunity to consult with legal counsel of his or her own choice before signing.

4. Disclosure

Full and fair disclosure of earnings and property of each party is required by subd. 1. Without disclosure, the agreement is invalid as to property provisions.

5. Unconscionability

For property provisions, McKee-Johnson and § 519.11 establish a presumption of validity if statutory formalities are met; the challenger must show procedural defects. For spousal-maintenance provisions, courts apply a substantive fairness review at the time of enforcement — even a procedurally valid waiver may be modified if circumstances have changed making it inequitable (McKee-Johnson).

6. What Cannot Be Waived

Child support and custody cannot be predetermined. Spousal maintenance can be addressed but is subject to enforcement-time fairness review per McKee-Johnson.

7. Key Minnesota Case Law

McKee-Johnson v. Johnson (1989) (controlling); Hill v. Hill, 356 N.W.2d 49 (Minn. App. 1984); In re Estate of Kinney, 733 N.W.2d 118 (Minn. 2007) (formalities).

This is legal information, not legal advice.