Everything engaged couples need to know about making a prenuptial agreement valid and enforceable in Minnesota — in plain English, reviewed by attorney James Sexton, Esq.
Yes — prenuptial agreements are legal and enforceable in Minnesota when they meet the strict execution formalities of Minn. Stat. § 519.11.
Minnesota governs antenuptial agreements by statute at Minn. Stat. § 519.11 — not the UPAA, but a homegrown regime that was substantially rewritten effective August 1, 2024 to absorb the court-made rules of McKee-Johnson and Kremer v. Kremer. The statute demands more formality than almost any other state: the agreement must be in writing, executed in the presence of two witnesses, and acknowledged by both parties before a notary or other person authorized to administer oaths. It must rest on full and fair disclosure of each party's income and property, each party must have a meaningful opportunity to consult independent counsel of their own choosing, and it must be signed voluntarily at least seven days before the wedding.
A Minnesota prenup is enforceable when it is procedurally fair — witnessed, notarized, fully disclosed, signed voluntarily at least seven days before the wedding, with a real chance to consult counsel — and substantively fair in its terms.
Under Minn. Stat. § 519.11, the agreement must be in writing, executed in the presence of two witnesses, and acknowledged by both parties before a person authorized to administer oaths. Skip the witnesses or the acknowledgment and the agreement fails from the start.
Since August 1, 2024, the statute requires execution no less than seven days before the marriage. This hard deadline exists to kill the classic wedding-eve pressure signing — the exact scenario that doomed the agreement in Kremer.
Each party must make a full and fair disclosure of their income and property. Attaching complete financial schedules to the agreement is the standard way to prove it.
Each party must have had a meaningful opportunity to consult with independent legal counsel of their own choosing. Neither is forced to hire a lawyer — but they must genuinely have had the time and chance to.
| Governing statute | Minn. Stat. § 519.11 (rewritten effective Aug. 1, 2024) |
|---|---|
| Property division | Equitable distribution |
| Notarization | Required — signed before two witnesses AND acknowledged before a notary |
| Waiting period | Required — execute at least 7 days before the marriage |
| Spousal support | Maintenance can be set or waived if procedurally and substantively fair |
See how Minnesota's signing formalities compare in our prenup notarization requirements by state guide.
Minnesota courts strike down prenups that flunk the execution formalities — missing witnesses, no notarization, or a signing inside seven days of the wedding — or that fail the statute's procedural and substantive fairness review.
Minnesota's formalities are unforgiving: an agreement without two witnesses and a notarial acknowledgment fails § 519.11 outright, no matter how fair its terms. The cautionary tale is Kremer v. Kremer, where the husband presented the agreement days before a destination wedding and threatened to call it off — the Minnesota Supreme Court held it procedurally unfair and refused to enforce it, and the 2024 statute wrote that lesson into law with the seven-day rule. Courts also test substantive fairness at execution and at enforcement. Witness it, notarize it, disclose everything, and sign early — that's a Minnesota prenup that holds.
Trusted Prenup creates a state-specific Minnesota prenuptial agreement online — built to meet the requirements above and designed by James Sexton, Esq. A traditional attorney typically costs $2,500–$10,000; this is a flat $599.
A guided questionnaire captures your assets, debts, and wishes — most couples finish in under 90 minutes.
We assemble a complete prenup built to meet your state's exact legal requirements.
Review with your partner, then sign online with notarization handled for you.
A Minnesota attorney-drafted prenup typically costs $2,000–$7,000 or more. Trusted Prenup creates a state-specific Minnesota prenup online for a flat $599 — including the notarization Minnesota requires, handled as part of the process.
Yes — and that's not all. Minn. Stat. § 519.11 requires the agreement to be executed in the presence of two witnesses and acknowledged by both parties before a notary. Because it's mandatory, notarization is included for Minnesota couples.
Yes — for defective execution (no witnesses, no notarization, signed within seven days of the wedding), for procedural unfairness like incomplete disclosure or no chance to consult counsel, or because its terms are substantively unfair.
Since August 1, 2024, Minn. Stat. § 519.11 requires an antenuptial agreement to be executed no less than seven days before the marriage. It's designed to prevent wedding-eve pressure signings like the one the Supreme Court refused to enforce in Kremer v. Kremer.
You don't have to hire one, but the statute requires that each party have a meaningful opportunity to consult independent counsel of their own choosing. Building in time for that — and documenting it — is part of what makes the agreement stick.
Yes, maintenance can be set or waived, but the provision must be procedurally and substantively fair — and Minnesota courts can review substantive fairness both when the agreement was signed and when it's enforced.
Yes — Minnesota enforces properly executed prenuptial agreements regardless of how they were drafted. What matters is execution: a written agreement, voluntary signatures, full financial disclosure, and Minnesota's signing formalities. The full picture is in are online prenups legally binding.
Trusted Prenup is not a law firm and does not provide legal advice. This guide is general information about Minnesota law and not a substitute for advice from a licensed attorney about your situation.