Do Minnesota courts enforce pre-marital agreements?

Lakeville, MN family law attorney Julie Seymour talks about the issue of whether or not courts will enforce pre-marital arrangements.

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Phone: (952) 255-8735


Typically, Minnesota courts will enforce a premarital agreement. The agreement must be in writing and signed by both parties prior to the existence of their marriage. It must be also signed in front of two witnesses before a notary. And the agreement must, well, each part to the agreement must fully and fairly disclose their incomes, their assets and debts, and they must voluntarily enter into the agreement.

Similar things are required for the enforcement and entering into a postnuptial agreement. And ultimately, the courts will determine if the agreement was fair when it was entered into and the outcome of the agreement is fair and equitable to each party. Things that can’t be put into a premarital agreement or a postnuptial agreement are items involving children. So you wouldn’t be able to enter into an agreement involving custody or parenting time or child support. However, future issues surrounding spousal maintenance would be able to be resolved in those agreements.