Prenuptial Agreement
A contract signed before marriage that determines how property and debts will be divided if the marriage ends.
A prenuptial agreement (sometimes called a “prenup”) is a legal contract that two people sign before they get married. The agreement sets out how property, debts, and other financial matters will be handled if the marriage ends in divorce or if one spouse dies. Minnesota follows the Uniform Premarital Agreement Act, which is found in Chapter 519 of Minnesota Statutes.
For a prenuptial agreement to be valid in Minnesota, it must be in writing and signed by both parties. Both people must fully disclose their income, assets, and debts to each other. The agreement cannot be the result of fraud or pressure. If one person was forced or tricked into signing, a court can throw out the agreement. While both parties do not have to have their own lawyers, it is strongly recommended so that each person understands what they are agreeing to.
A prenuptial agreement can cover many topics, including how property will be divided, whether one spouse will pay spousal maintenance (sometimes called alimony), and what happens to business interests. However, it cannot decide child custody or child support, because those decisions must be based on the best interests of the child at the time of a divorce.
Why it matters: A prenuptial agreement gives both people clarity about financial expectations before the marriage begins. Without one, Minnesota law decides how property is divided in a divorce. Having a valid prenup can save time, money, and conflict if the marriage ends.
Example: Before getting married, one partner owns a small business worth $500,000. The couple signs a prenuptial agreement stating that the business will remain that partner’s separate property if they divorce. Both partners share full financial statements and each has their own lawyer review the agreement before signing.
Wedding planning, marriage preparation, divorce proceedings