Prenuptial & Postnuptial Agreements in Edina

Clarify Financial Rights Before or During Marriage

At RWI Law, we draft and review agreements that clarify financial rights before or during marriage. We advise Edina clients on Minnesota antenuptial agreements, commonly called prenuptial agreements, and postnuptial agreements created after marriage.

Our services extend throughout Hennepin County and the Twin Cities. Managing Counsel Ray W. Ibtesam and our attorneys provide strategic guidance in English and Spanish.

Call (320) 408-2614 to discuss the terms, financial concerns, and timing involved in your proposed agreement.

What Minnesota Marital Agreements May Address

A prenuptial agreement is made before marriage, while a postnuptial agreement is made after the spouses are married. Either may address financial issues arising during a legal separation, divorce, or estate administration, subject to Minnesota law.

A prenuptial agreement may determine rights in marital and nonmarital property. Marital property generally includes property acquired during the marriage. Nonmarital property can include certain assets acquired before marriage or received individually by gift or inheritance. The classification of a specific asset depends on its history and applicable law.

Depending on the couple’s circumstances, an agreement may address:

• Property rights: How marital and nonmarital property may be treated upon divorce or legal separation.
• Spousal maintenance: Whether maintenance may be available and what terms may apply.
• Estate rights: Each spouse’s rights in the other spouse’s estate, including whether the agreement bars rights it doesn’t preserve.

Prenuptial and postnuptial agreements can’t determine child custody, parenting time, or child support. Minnesota courts retain full authority over these matters and decide them under the legal standards applicable at the time.

Requirements for an Enforceable Minnesota Prenuptial Agreement

Minn. Stat. § 519.11 requires procedural and substantive fairness for a valid and enforceable prenuptial agreement. Procedural fairness concerns how the parties reached and signed the agreement. Substantive fairness concerns its terms. How these standards apply depends on the facts and law relevant to the individual agreement.

Key procedural requirements include:

• Financial disclosure: Each party must provide full and fair disclosure of current income and property.
• Independent legal counsel: Each party must have a meaningful opportunity to consult an attorney who represents that party’s individual interests.
• Required formalities: The agreement must be written, executed before two witnesses, and acknowledged before a person authorized to administer an oath.
• Voluntary consent: Both parties must execute the agreement voluntarily and without duress.

Timing also matters. An agreement executed at least seven days before the marriage is presumed enforceable. One signed fewer than seven days before the marriage doesn’t receive that presumption, although enforceability still depends on the applicable facts and law. Couples working with a short wedding timeline should account for this statutory rule when planning review and execution.

Requirements for Minnesota Postnuptial Agreements

The current version of Minn. Stat. § 519.11 applies to antenuptial and postnuptial agreements executed on or after August 1, 2024. Because the requirements vary based on when and how an agreement is made, we consider its type and execution date when providing guidance.

Both spouses must have their own independent attorneys when executing a postnuptial agreement. The agreement is presumed invalid if either spouse starts a divorce or legal separation action within two years after execution. Whether it’s ultimately enforceable depends on the governing law and the circumstances surrounding its preparation and execution.

After marriage, an agreement signed before marriage may be amended or revoked only through a valid postnuptial agreement that complies with the statute. A postnuptial agreement may likewise be changed or revoked only through a later valid postnuptial agreement.

How We Draft & Review Marital Agreements

We prepare new agreements and review terms proposed to our clients. Our attorneys tailor their guidance to each client’s financial circumstances, legal concerns, and objectives.

Financial & Legal Review
Preparation begins with the client’s financial picture, estate concerns, and potential spousal-maintenance issues. Complete information supports the required financial disclosure and helps define the terms the agreement should address.

Drafting & Negotiation
We draft terms or evaluate an existing proposal in light of the client’s legal needs. Each party reviews the proposal with independent legal counsel before deciding whether to sign, and revisions may require further discussion.

Execution Planning
We help clients account for the formalities and timing requirements that apply to their type of agreement.

Close communication remains central throughout drafting and review. Clients can ask questions as terms develop, receive updates, and make informed decisions before execution.

Discuss Your Proposed Agreement with Our Attorneys

Edina couples can contact us to discuss whether a prenuptial or postnuptial agreement fits their circumstances, which concerns it should address, and what timing requirements may apply. Call (320) 408-2614 or submit our contact form to schedule a consultation.

We don’t publish specific fee or consultation-cost figures for these services. During the consultation, we can discuss the scope of the requested drafting or review.

Call (320) 408-2614 to speak with RWI Law about preparing or reviewing your agreement.