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Tag Archives: prenuptial agreement

Antenuptial Agreements in Minnesota

Posted on June 26, 2017 by Elizabeth Rosar Chermack

Many couples consider entering into an Antenuptial Agreement (commonly referred to as a “prenup” or a “prenuptial agreement”) before getting married. Minn. Stat. §519.11 provides the procedural requirements that must be followed.

If you are thinking about entering into an antenuptial agreement, you should consult with an attorney as far in advance of the wedding as possible. Additionally, both parties should be represented by attorneys who are experienced in both family law AND in drafting and reviewing antenuptial agreements.

In order for a Minnesota antenuptial agreement to be enforceable, the agreement must be procedurally and substantively fair.

Procedural fairness. Minn. Stat. §519.11 sets out the procedure that must be followed for a couple to enter into an enforceable antenuptial agreement. These requirements include a full disclosure of income and assets by both parties and that both parties have an opportunity to consult with an attorney. Please read Minn. Stat. §519.11 in its entirety to understand all of the procedural requirements. These requirements must be followed to ensure procedural fairness.

Substantive fairness. Whether an antenuptial agreement is substantively fair is a question of fact. The parties won’t know if their antenuptial agreement will be upheld by a court until and unless they ultimately end up divorcing. McKee-Johnson v. Johnson  sets out a two-pronged test to determine whether an antenuptial agreement is enforceable:

  • The agreement must be substantively fair in light of the circumstances existing at the agreement’s inception; AND
  • The agreement must be substantively fair at the time of enforcement (i.e. Have circumstances changed that would make the enforcement of the agreement oppressive and unconscionable?)

Elizabeth Rosar Chermack is a lawyer who lives in Apple Valley, Minnesota, and can assist you with your Antenuptial Agreement. Call (952) 491-0390 or send an email to liz@chermacklaw.com to schedule a consultation with Liz.

ATTORNEY ADVERTISING MATERIAL. The content of this website is for informational purposes only and is not intended as legal advice. No attorney/client relationship is formed by use of this website. Do not submit confidential information via this site unless and until there is a signed retainer contract on file.

Posted in Family Law | Tags: antenuptial agreement, prenup, prenuptial agreement |

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© Elizabeth Rosar Chermack, Attorney at Law. Disclaimer: The content of this website is provided for informational purposes only. Information you obtain from this website is not, nor is it intended to be, legal advice. You should consult an attorney for individualized advice. Use of this website does not create an attorney-client relationship. Elizabeth Rosar Chermack, Attorney at Law, is a designated debt relief agency by an Act of Congress and the President of the United States. She assists consumers seeking relief under the U.S. Bankruptcy Code.