519.11 ANTENUPTIAL AND POSTNUPTIAL CONTRACTS.
Subdivision 1. Antenuptial contract. A man and woman of legal age may enter into an antenuptial
contract or settlement prior to solemnization of marriage which shall be valid and enforceable if (a) there is
a full and fair disclosure of the earnings and property of each party, and (b) the parties have had an opportunity
to consult with legal counsel of their own choice. An antenuptial contract or settlement made in conformity
with this section may determine what rights each party has in the nonmarital property, defined in section
518.003, subdivision 3b, upon dissolution of marriage, legal separation or after its termination by death and
may bar each other of all rights in the respective estates not so secured to them by their agreement. This
section shall not be construed to make invalid or unenforceable any antenuptial agreement or settlement
made and executed in conformity with this section because the agreement or settlement covers or includes
marital property, if the agreement or settlement would be valid and enforceable without regard to this section.
Subd. 1a. Postnuptial contract. (a) Spouses who are legally married under the laws of this state may
enter into a postnuptial contract or settlement which is valid and enforceable if it:
(1) complies with the requirements for antenuptial contracts or settlements in this section and in the law
of this state, including, but not limited to, the requirement that it be procedurally and substantively fair and
equitable both at the time of its execution and at the time of its enforcement; and
(2) complies with the requirements for postnuptial contracts or settlements in this section.
(b) A postnuptial contract or settlement that conforms with this section may determine all matters that
may be determined by an antenuptial contract or settlement under the law of this state, except that a postnuptial
contract or settlement may not determine the rights of any child of the spouses to child support from either
spouse or rights of child custody or parenting time.
(c) A postnuptial contract or settlement is valid and enforceable only if at the time of its execution each
spouse is represented by separate legal counsel.
(d) A postnuptial contract or settlement is presumed to be unenforceable if either party commences an
action for a legal separation or dissolution within two years of the date of its execution, unless the spouse
seeking to enforce the postnuptial contract or settlement can establish that the postnuptial contract or settlement
is fair and equitable.
(e) Nothing in this section shall impair the validity or enforceability of a contract, agreement, or waiver
which is entered into after marriage and which is described in chapter 524, article 2, part 2, further, a
conveyance permitted by section 500.19 is not a postnuptial contract or settlement under this section.
Subd. 2. Writing; execution. Antenuptial or postnuptial contracts or settlements shall be in writing,
executed in the presence of two witnesses and acknowledged by the parties, executing the same before any
officer or person authorized to administer an oath under the laws of this state. An antenuptial contract must
be entered into and executed prior to the day of solemnization of marriage. A power of attorney may not be
used to accomplish the purposes of this section.
Subd. 2a. Amendment or revocation. An antenuptial contract or settlement may be amended or revoked
after the marriage of the parties only by a valid postnuptial contract or settlement which complies with this
section and with the laws of this state. A postnuptial contract or settlement may be amended or revoked only
by a later, valid postnuptial contract or settlement which complies with this section and with the laws of this
state.
Official Publication of the State of Minnesota
Revisor of Statutes
519.11MINNESOTA STATUTES 20231
