Minnesota: C
Statutes
Minnesota Statutes Section 519.11
Separate Property
All assets can remain separate property, avoiding costly divorce settlements. Joint assets and debts titled in both names are split 50/50 as marital property.
Unconscionability Dual Review
Minnesota reviews prenuptial agreements for unconscionability both at execution (signing) AND at enforcement (divorce), meaning courts can more easily reject or modify agreements if circumstances change during marriage.
Unconscionability Standard
A prenup is unenforceable if: (1) procedurally unfair (lacking full disclosure, voluntary execution, or opportunity for counsel); OR (2) substantively unconscionable either at signing or enforcement due to the agreement's terms or drastically changed unforeseen circumstances.
Spousal Support Public Assistance Minimum
Courts may override spousal maintenance waivers if enforcement would make one party eligible for public assistance or leave one spouse impoverished while the other retains significant wealth. Changed circumstances during marriage trigger reassessment at enforcement.
Timing
No minimum specified, but we recommend signing the prenup 60+ days before the wedding, with both parties having 2-3 weeks to review the final version to minimize challenge risk. Reach out to an attorney at least 4-6 months before the wedding with your draft prenup. Better yet, sign the prenup before proposing.
Independent Counsel
Not required for prenups—parties must only have the opportunity to consult with legal counsel of their own choice. However, separate counsel dramatically strengthens enforceability.
Financial Disclosure
"Full and fair" disclosure of all property interests required. Disclose all assets, debts and income above $1,000, plus source documents (tax return, account statement, appraisal, etc).
Moderate Burden to Challenge
For agreements signed 7+ days before marriage, the challenging party bears the burden of proof by preponderance of evidence (standard burden). For agreements signed less than 7 days before marriage, the proponent bears the burden. Minnesota's dual-review unconscionability test at both execution and enforcement makes prenups moderately vulnerable to challenge.
Child Support and Custody
Child support and custody clauses are unenforceable and could undermine the entire agreement. Do not include.
Case Law
Kremer v. Kremer, 912 N.W.2d 617 (Minn. 2018)
Husband secretly prepared prenup and presented it to wife three days before their Cayman Islands destination wedding with threat to call off wedding unless she signed; agreement waived all maintenance and divided marital property proportionately to financial contributions; held procedurally unfair due to inadequate consideration and duress, despite wife consulting attorney day before wedding.
McKee-Johnson v. Johnson, 444 N.W.2d 259 (Minn. 1989)
Attorney-husband Lance Johnson and nursing administrator Mary McKee signed prenup drafted by husband's attorney friend approximately ten days before wedding; established three-part test requiring procedural fairness at execution, substantive fairness at execution, and substantive fairness at enforcement, with courts examining whether changed circumstances make enforcement oppressive or unconscionable.
Rudbeck v. Rudbeck, 365 N.W.2d 330 (Minn. Ct. App. 1985)
Prenup signed five days before 1976 marriage invalidated where wife had no meaningful opportunity to consult attorney and husband (real estate developer earning $22,796.52 annually from contracts) failed to make full and fair disclosure of assets; court divided $205,885 marital estate equally and ordered husband to pay $500/month maintenance for 24 months plus $4,000 in wife's attorney fees.
Muschik v. Conner-Muschik, 920 N.W.2d 215 (Minn. Ct. App. 2018)
Couple signed prenup three days before 2012 marriage with notarization but without two required witness signatures despite prenup form having signature lines for witnesses; entire agreement invalidated for failure to meet statutory execution requirements when husband filed for divorce in 2016 seeking to enforce it.
In re Estate of Kinney, 733 N.W.2d 118 (Minn. 2007) Established four-part common law test for procedural fairness of prenuptial agreements addressing marital property: (1) full and fair disclosure of financial situation; (2) adequate consideration; (3) knowledge of material particulars ensuring each party understands agreement's impact; and (4) freedom from duress, undue influence, or coercion, with opportunity to consult counsel being relevant factor but not determinative.