ANTENUPTIAL (PRENUPTIAL) AGREEMENT
(Minnesota – Minn. Stat. § 519.11)
[// GUIDANCE: This template is drafted to comply with Minnesota’s antenuptial statute, Minn. Stat. § 519.11 (2023). Minnesota requires (i) a writing signed before the marriage; (ii) full and fair disclosure of each party’s earnings and property; (iii) execution in the presence of two witnesses and acknowledgment before a notary; and (iv) substantive fairness both at execution and at enforcement. Customize all bracketed terms, attach complete financial schedules, and consider independent counsel for each party.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Disclosure & Acknowledgments
- Operative Provisions
4.1 Separate Property
4.2 Marital Property
4.3 Management & Control
4.4 Spousal Maintenance (Alimony)
4.5 Estate Planning Coordination - Representations & Warranties
- Covenants
- Default; Remedies
- Risk Allocation
8.1 Mutual Indemnification
8.2 Limitation of Liability
8.3 Force Majeure - Dispute Resolution
- General Provisions
- Execution Block
- Schedule A – Party A Financial Disclosure
- Schedule B – Party B Financial Disclosure
1. DOCUMENT HEADER
THIS ANTENUPTIAL AGREEMENT (the “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
• [PARTY A FULL LEGAL NAME], residing at [ADDRESS] (“Party A”); and
• [PARTY B FULL LEGAL NAME], residing at [ADDRESS] (“Party B,” and together with Party A, the “Parties,” and each a “Party”).
RECITALS
A. The Parties presently contemplate a lawful marriage in the State of Minnesota on or about [MARRIAGE DATE] (the “Marriage”).
B. Each Party desires to fix and determine, pursuant to Minn. Stat. § 519.11, their respective property rights, obligations, and other matters in the event of dissolution of Marriage, death, or other triggering events, and thereby avoid future disputes.
C. Each Party has made a full and fair disclosure of that Party’s assets, liabilities, and income, as set forth in Schedules A and B hereto.
D. The Parties enter into this Agreement freely, voluntarily, and with a full understanding of its legal effect, having had the opportunity to consult independent counsel.
NOW, THEREFORE, in consideration of the forthcoming Marriage and the mutual covenants herein, the Parties agree as follows:
2. DEFINITIONS
For purposes of this Agreement, capitalized terms have the meanings assigned below:
“Adequate Disclosure” means full and fair written disclosure of each Party’s material Assets, Debts, and income, attached as Schedules A and B, and updated pursuant to Section 3.3.
“Assets” means all real, personal, tangible, and intangible property, wherever situated, including without limitation cash, securities, retirement accounts, real estate, business interests, intellectual property, and expectancies.
“Debt” means any indebtedness, liability, commitment, or obligation, whether secured or unsecured, contingent or liquidated.
“Effective Date” has the meaning set forth in the Document Header.
“Marital Property” has the meaning assigned in Section 4.2.
“Separate Property” has the meaning assigned in Section 4.1.
“Specific Performance” means the equitable remedy of compelling a Party to perform its obligations under this Agreement.
“State Family Court” means the district court of the State of Minnesota exercising family-law jurisdiction.
3. DISCLOSURE & ACKNOWLEDGMENTS
3.1 Statutory Compliance. The Parties acknowledge that this Agreement is executed in conformity with Minn. Stat. § 519.11.
3.2 Adequate Disclosure. Each Party represents that the financial information set forth on that Party’s respective Schedule is true, complete, and accurate to the best of such Party’s knowledge as of the Effective Date. Each Party acknowledges receipt of the other Party’s Schedule and deems such disclosure sufficient for purposes of Minnesota law.
3.3 Ongoing Disclosure. Each Party covenants to supplement its Schedule if, before the solemnization of the Marriage, that Party experiences a material change (± 10 % or more) in net worth. Failure to comply constitutes an Event of Default under Section 7.1.
3.4 Independent Counsel. Each Party represents that such Party has had the opportunity to consult, and has either consulted or knowingly waived the right to consult, independent legal counsel regarding this Agreement.
3.5 Fairness Standard. The Parties acknowledge that Minnesota courts may examine substantive fairness at both (i) execution and (ii) enforcement. The Parties believe this Agreement is presently fair and intend for it to remain fair in light of reasonably foreseeable circumstances.
4. OPERATIVE PROVISIONS
4.1 Separate Property
(a) Classification. The following shall remain the “Separate Property” of the owning Party, free from any claim by the other Party:
i. All Assets titled in that Party’s name prior to the Marriage, including those listed on Schedules A or B;
ii. All income, rents, profits, dividends, interest, and capital appreciation derived therefrom;
iii. Any property acquired after the Marriage by gift, bequest, devise, or inheritance specifically to that Party; and
iv. Property acquired in exchange for or traceable to Separate Property.
(b) Control. Each Party shall have sole management, control, and disposition rights over such Party’s Separate Property.
(c) Recordkeeping. The owning Party shall maintain adequate records to preserve the Separate Property character; commingling that frustrates tracing may convert property to Marital Property.
[// GUIDANCE: Consider inserting asset-tracking protocols (e.g., separate bank account statements) to reduce tracing disputes.]
4.2 Marital Property
(a) Definition. “Marital Property” means (i) all property acquired jointly by the Parties after the date of the Marriage that is not Separate Property, and (ii) such other property as either Party elects in writing to treat as Marital Property.
(b) Presumption. Property acquired during Marriage is presumed Marital unless proved otherwise.
(c) Division on Dissolution. Upon legal separation, dissolution, or annulment, Marital Property shall be divided in accordance with (x) the Parties’ written agreement at that time, or (y) absent such agreement, by equitable distribution pursuant to Minn. Stat. § 518.58, as may be amended.
4.3 Management & Control of Marital Property
(a) Joint Decision-Making. Except as otherwise provided, both Parties shall approve in writing any sale, encumbrance, or transfer exceeding [$___].
(b) Debts. Joint debts shall be paid from Marital Property unless otherwise agreed.
4.4 Spousal Maintenance (Alimony)
(a) Waiver. Subject to judicial review under Minn. Stat. § 519.11 subd. 5, each Party hereby waives any and all right to temporary, rehabilitative, or permanent spousal maintenance, except as provided in Section 4.4(b).
(b) Hardship Override. If at enforcement a court determines that strict enforcement would result in undue hardship, the Parties agree that the court may, in its discretion, award limited maintenance consistent with Minnesota law.
[// GUIDANCE: Complete waiver clauses are subject to heightened scrutiny. Insert fallback language to improve enforceability.]
4.5 Estate Planning Coordination
(a) Elective Share Waiver. Each Party waives any statutory right to the elective share, intestate share, or family allowance in the estate of the other, provided that the waiving Party is a primary beneficiary of a testamentary instrument providing at least [$___] or [__ %] of the decedent’s probate and non-probate estate.
(b) Further Assurances. Each Party shall execute wills, trusts, and related documents consistent with this Agreement within [90] days after the Marriage.
5. REPRESENTATIONS & WARRANTIES
Each Party represents and warrants to the other as of the Effective Date and again as of the Marriage:
5.1 Capacity. The Party is of legal age, sound mind, and not acting under duress, undue influence, or fraud.
5.2 Marital Status. The Party is not currently married to any other person.
5.3 Financial Accuracy. The financial disclosures on such Party’s Schedule are complete and materially accurate.
5.4 No Contradictory Agreements. The Party is not bound by any agreement that conflicts with this Agreement.
5.5 Survival. The representations and warranties shall survive the Marriage and the termination of this Agreement.
6. COVENANTS
6.1 Good-Faith Performance. Each Party shall perform this Agreement in good faith and cooperate to effectuate its intent.
6.2 Notice of Claims. A Party receiving written notice of any claim that could give rise to indemnification shall promptly notify the other Party in writing.
6.3 Tax Cooperation. The Parties shall cooperate in filing tax returns and furnish information as reasonably required.
7. DEFAULT & REMEDIES
7.1 Events of Default. An “Event of Default” occurs if a Party:
(a) materially misrepresents or omits information in that Party’s Schedule;
(b) fails to supplement disclosures as required in Section 3.3;
(c) refuses to sign ancillary documents contemplated herein; or
(d) commits a material breach of any covenant herein and fails to cure within 30 days after written notice.
7.2 Remedies. Upon an Event of Default, the non-defaulting Party may seek:
(i) Specific Performance;
(ii) equitable reallocation of property as necessary to restore the non-defaulting Party to the position such Party would have occupied absent the breach; and
(iii) recovery of reasonable attorneys’ fees and costs.
7.3 Cumulative Rights. Remedies are cumulative and not exclusive.
8. RISK ALLOCATION
8.1 Mutual Indemnification
Each Party (“Indemnitor”) shall indemnify, defend, and hold harmless the other Party (“Indemnitee”) from and against any Losses arising out of (i) the Indemnitor’s Separate Debts, or (ii) the Indemnitor’s breach of this Agreement.
8.2 Limitation of Liability
Except for fraud or willful misconduct, each Party’s aggregate liability under Section 8.1 shall not exceed the net value of that Party’s Separate Property as of the Effective Date.
[// GUIDANCE: Modify caps to reflect “liability caps: agreed_terms” in metadata.]
8.3 Force Majeure
No Party shall be liable for non-performance caused by events beyond such Party’s reasonable control, including but not limited to act of God, war, governmental action, or pandemic; provided, that the affected Party gives prompt notice and uses commercially reasonable efforts to resume performance.
9. DISPUTE RESOLUTION
9.1 Governing Law. This Agreement and any dispute hereunder shall be governed by the domestic relations law of the State of Minnesota, without regard to conflict of laws principles.
9.2 Forum Selection. Exclusive jurisdiction and venue lie in the State Family Court of [COUNTY], Minnesota, except as provided in Section 9.3.
9.3 Limited Arbitration. The Parties may, by mutual written agreement executed post-dispute, submit property-division issues (excluding child-related matters and spousal maintenance) to binding arbitration under the Minnesota Uniform Arbitration Act. Judgment upon an arbitral award may be entered in State Family Court.
9.4 Equitable Relief. Nothing in this Section limits a Party’s right to seek Specific Performance or other injunctive relief in State Family Court.
9.5 Jury Waiver. The Parties acknowledge that family-law actions in Minnesota are tried to the court; accordingly, no jury trial right exists or is waived.
10. GENERAL PROVISIONS
10.1 Amendment; Waiver. No amendment or waiver is effective unless in a writing signed by both Parties and acknowledged in the manner required for deeds in Minnesota.
10.2 Assignment. Neither Party may assign or delegate this Agreement without the prior written consent of the other.
10.3 Successors and Assigns. This Agreement binds and inures to the benefit of the Parties and their respective heirs, personal representatives, and permitted assigns.
10.4 Severability. If any provision is invalid or unenforceable, the remaining provisions shall remain in full force, and the court shall reform the invalid provision to the minimum extent necessary to effectuate the Parties’ intent.
10.5 Integration. This Agreement, including the Schedules, constitutes the entire agreement of the Parties concerning its subject matter and supersedes all prior agreements, oral or written.
10.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures transmitted by facsimile, PDF, or secure electronic signature technology are binding.
10.7 Headings. Headings are for convenience only and do not affect interpretation.
11. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Antenuptial Agreement as of the Effective Date.
| Party A Signature | _______ |
|---|---|
| Printed Name | [PARTY A NAME] |
| Date | ___ |
| Party B Signature | _______ |
|---|---|
| Printed Name | [PARTY B NAME] |
| Date | ___ |
Witness Attestation
We, the undersigned, affirm that the foregoing instrument was signed in our presence by both Parties, who acknowledged that they executed the same as their free and voluntary act for the purposes therein expressed.
| Witness 1 Signature | _______ |
|---|---|
| Printed Name | _______ |
| Date | ___ |
| Witness 2 Signature | _______ |
|---|---|
| Printed Name | _______ |
| Date | ___ |
Notary Acknowledgment
State of Minnesota )
County of ____) ss.
On this _ day of _, 20__, before me, a notary public within and for said county, personally appeared [PARTY A NAME] and [PARTY B NAME], known to me to be the persons who executed the foregoing Antenuptial Agreement and acknowledged that they executed the same as their free act and deed.
Notary Public
My Commission Expires: _____
12. SCHEDULE A – PARTY A FINANCIAL DISCLOSURE
[Attach detailed balance sheet listing:
• Real property with addresses and FMV
• Bank/Investment accounts with balances (last 3 months)
• Retirement accounts (401(k), IRA)
• Business interests with valuation methodology
• Vehicles, collectibles, intellectual property
• Debts: mortgages, education loans, credit lines, contingent liabilities]
13. SCHEDULE B – PARTY B FINANCIAL DISCLOSURE
[Attach detailed balance sheet – same categories as Schedule A]
[// GUIDANCE: After customization, review for (i) completeness of Schedules, (ii) independent counsel letters, and (iii) compliance with local filing or recording practices, if any. Retain notarized originals in a secure location.]