Prenuptial Agreement - Minnesota

ANTENUPTIAL (PRENUPTIAL) AGREEMENT — MINNESOTA

This Agreement is made on [__/__/____] by [PARTY A FULL NAME] (Party A), residing at [________________________________], and [PARTY B FULL NAME] (Party B), residing at [________________________________]. The Parties intend to marry on [__/__/____] in [city, state or country: ________________________________]. This Agreement takes effect upon their marriage.

The Parties wish to state their rights in property, spousal maintenance, and each other's estates. Each has received the other's financial disclosure attached as Schedule A or B, has had a meaningful opportunity to consult independent counsel of their own choosing, and signs voluntarily. Marriage is the consideration for this Agreement under Minn. Stat. § 519.11, subd. 1(c).

1. FINANCIAL DISCLOSURE

1.1 Party A's Schedule A and Party B's Schedule B describe their current income, property, estimated values, and the basis for each estimate. Each Party confirms that their own schedule is reasonably accurate and discloses all material facts known to them. Neither Party waives full and fair disclosure under Minn. Stat. § 519.11, subd. 1b(a).

1.2 Additional records or schedules exchanged and made part of this Agreement: [________________________________]. Any material correction made before signing must be attached, dated, and initialed by both Parties.

2. PROPERTY RIGHTS

2.1 Separate property. As between the Parties, the following shall be the separate property of the identified Party on dissolution or legal separation, subject to enforceability under Minn. Stat. § 519.11:

2.2 The Parties agree that proceeds or property exchanged for an identified separate asset will remain separate to the extent traceable, unless they later agree in a writing valid under Section 6. Treatment of earnings, rents, dividends, and appreciation on separate property: [________________________________].

2.3 Marital property. Except as specifically provided in this Agreement or by a statutory nonmarital exception, property acquired by either Party during marriage before the valuation date is presumed marital regardless of whose name appears on title under Minn. Stat. § 518.003, subd. 3b. The Parties agree that the following will be marital property: [________________________________].

2.4 On dissolution or legal separation, marital property shall be divided as follows: [________________________________]. If the Parties leave an item unallocated, they request division under applicable Minnesota law, including Minn. Stat. § 518.58. Any requested division remains subject to court review.

2.5 Residence and transfers. Rights in any present or future residence and responsibility for its mortgage, taxes, insurance, and transfer documents are: [________________________________]. The Parties shall sign and record any deed or other transfer instrument needed to carry out this arrangement.

3. DEBTS

3.1 Existing debts shown on Schedules A and B shall be borne between the Parties as follows: [________________________________].

3.2 Debts incurred during marriage shall be borne between the Parties as follows: [________________________________]. Any allocation or indemnity here governs the Parties' duties to each other; the Parties make no representation that it changes a creditor's rights against either Party.

4. SPOUSAL MAINTENANCE

Select one arrangement:

☐ Neither Party waives a future claim; maintenance shall be determined under applicable law, including Minn. Stat. § 518.552.

☐ Each Party waives a claim for spousal maintenance from the other, subject to Minn. Stat. § 519.11's fairness and enforceability requirements.

☐ The Parties agree to the following maintenance terms: [amount, duration, payer, payee, and termination terms: ________________________________________________].

If no option is selected, this Agreement creates no maintenance waiver. Any maintenance term remains subject to the court's determination of this Agreement's enforceability under Minn. Stat. § 519.11, subd. 1c.

5. RIGHTS AT DEATH

5.1 The Parties choose these estate rights after the disclosures in Schedules A and B. Check each right intended to be waived; an unchecked right is not waived by this section.

5.2 Rights expressly retained or provided in place of a waiver: [________________________________]. These terms are intended to govern estate rights to the extent permitted by Minn. Stat. § 519.11 and chapter 524. Each Party shall separately execute any will, trust, or beneficiary form needed to carry out an intended gift or designation.

6. GENERAL TERMS

6.1 Minnesota law governs this Agreement to the extent applicable. The Parties acknowledge that a court determines procedural and substantive fairness under Minn. Stat. § 519.11; their acknowledgments do not bind the court.

6.2 This Agreement and its signed schedules are the Parties' entire agreement about its subject matter. Any amendment before marriage must satisfy the requirements for a valid antenuptial agreement. After marriage, amendment or revocation requires a later valid postnuptial agreement under Minn. Stat. § 519.11, subd. 2a.

6.3 The Parties unambiguously permit a court to sever an unenforceable provision and enforce the remainder to the extent permitted by Minn. Stat. § 519.11, subd. 1(e). No clause requires a court to reform or enforce a provision contrary to law.

6.4 This Agreement does not set child custody, parenting time, or child support. Any such matter remains for determination under applicable law.

7. EXECUTION, WITNESSES, AND ACKNOWLEDGMENT

The Parties intend to sign this Agreement at least seven days before their marriage. They sign in the presence of both witnesses below and acknowledge their signatures before a person authorized to administer an oath, as required by Minn. Stat. § 519.11, subd. 1b(b)(3).

Party A signature: ______________________________ Date: [__/__/____]
Printed name: [________________________________]

Party B signature: ______________________________ Date: [__/__/____]
Printed name: [________________________________]

Witness 1: I witnessed both Parties execute this Agreement.
Signature: ______________________________ Date: [__/__/____]
Printed name: [________________________________]

Witness 2: I witnessed both Parties execute this Agreement.
Signature: ______________________________ Date: [__/__/____]
Printed name: [________________________________]

ACKNOWLEDGMENT

State of Minnesota | County of [________________]

On [__/__/____], before me, [________________________________], a person authorized to administer an oath under Minnesota law, appeared Party A and Party B, who acknowledged that they executed this Agreement voluntarily.

Signature: ______________________________ Title: [________________]
Commission expiration, if applicable: [__/__/____]
[OFFICIAL SEAL, IF APPLICABLE]

SCHEDULE A — PARTY A FINANCIAL DISCLOSURE

As of: [__/__/____]

Additional material facts or attached records: [________________________________]

Party A signature: ______________________________ Date: [__/__/____]

SCHEDULE B — PARTY B FINANCIAL DISCLOSURE

As of: [__/__/____]

Additional material facts or attached records: [________________________________]

Party B signature: ______________________________ Date: [__/__/____]

This template is provided by ezel.ai for informational purposes only and does not constitute legal advice. Consult a Minnesota attorney before execution.