In Minnesota a pre-marital agreement is called a prenuptial agreement or an antenuptial agreement. Typically a prenuptial is entered into before marriage and and antenuptial is entered into during the course of a marriage. However, these agreements are strictly controlled by Minnesota statues and case law. Prenuptial, or antenuptial, agreements refer to a binding contract between two persons planning to marry, or who are married, which will govern the rights and liabilities of the parties if they later get divorced, or in the event one spouse dies.  A prenuptial/antenuptial agreement determines the rights of parties to property, responsibility for debt and may even determine whether spousal support (alimony) is paid. 

Advantages of Prenuptial / Antenuptial Agreements

A prenuptial/antenuptial agreement acts as a safeguard for both you and the one you intend to marry. It can protect both parties assets and may prevent expensive and acrimonious litigation in the event of a divorce, It defines the rights and responsibilities of the parties in advance.  With today's divorce rate averaging around 50%, with people waiting until later in life to get married and have accumulated assets a prenuptial/antenuptial agreement may be one of the most prudent decisions in your life and for your marriage.   This is particularly true for business owners and asset owners who desire to preserve the wealth that they have worked so hard to build. 

Minnesota Law

Prenuptial agreements governing property settlements upon dissolution are valid in Minnesota . Englund v. Englund , 286 Minn. 227, 230, 175 N.W.2d 461, 463 (1970); Hill v. Hill, 356 N.W.2d 49, 53 (Minn.Ct.App.1984), pet. for rev. denied, (Feb. 19, 1985). The current requirements for a valid antenuptial agreement are contained in Minn. Stat. § 519.11 (1984).  Antenuptial agreements are enforceable if they are procedurally and substantively fair . McKee-Johnson v. Johnson, 444 N.W.2d 259, 265 (Minn.1989).

An antenuptial agreement is procedurally fair if :

• there is a full and fair disclosure of the earnings and property of each party, and 
• the parties have had an opportunity to consult with legal counsel of their own choice. Minn.Stat.§ 519.11, subd. 1 (1998). 

The agreement must also be:

• in writing;
• executed in the presence of two witnesses; and 
• acknowledged by the parties before a person authorized to administer an oath, Notary Public. Minn.Stat.§ 519.11, subd. 2 (1998).
   

In most cases prenuptial/antenuptial agreements are upheld.  It is only in cases where there was not full disclosure or the agreement becomes substantively unfair at the time of the divorce that Court's strike down the validity of such agreements.  An agreement may be deemed to be substantively unfair if the circumstances on which the agreement was based have changed so drastically that enforcement would not comport with the reasonable expectations of the parties at inception.

Prenuptial / Antenuptial Agreements & Spousal Suport

Courts most often find prenuptial/antenuptial agreements substantively unfair with regard to provisions seeking to limit or eliminate spousal support (spousal alimony) payments.  Minnesota Courts have ruled that there is sound public policy rationale for not strictly enforcing such a provisions which, even though entered into in good faith and reasonable at the time of execution, may have become unreasonable or unconscionable as to its application to the spouse upon divorce.  The Courts are essentially attempting to prevent ex-spouses from becoming wards of the state.  If one spouse's health and employability have greatly deteriorated during a marriage, Courts may be reluctant to enforce the spousal support provisions of a prenuptial/antenuptial agreement. 

Examples of some cases that have been decided:

• Invalidated an agreement which sought to preclude spousal support where the lesser earning spouse contracted a venereal disease from the husband which resulted in medical expenses;
• Invalidating an agreement which sought to preclude spousal support where the marriage was long term (more than 20 years) and the wife had been out of the work force for some time and suffered from an emotional disability.   The trial court concluded that  unforeseen circumstances invalidated the agreement by rendering it unconscionable.

Given the complexities of prenuptial/antenuptial agreements and the changing legal environment in which they are viewed and enforced, you should always consult with an attorney about your prenuptial/antenuptial agreement.

** The above information is meant to be informative and educational only.