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STATE GUIDE · UPDATED 2026

Prenuptial Agreements in Minnesota: Requirements & How to Get One

Every OurPrenup agreement is built for the laws where you live. In Minnesota, a prenup is formally called an antenuptial agreement.

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Is a prenup enforceable in Minnesota? The short answer

Yes — prenuptial agreements are legally enforceable in Minnesota under Minnesota law (Minn. Stat. § 519.11). To be valid, the agreement must be in writing, signed voluntarily by both partners, and made with fair financial disclosure. It must be notarized, and both partners should have a real opportunity to review it well before the wedding.

Minnesota at a glance

Legal framework
State-specific statutory framework
Property system
Equitable distribution

Courts divide marital property fairly (not necessarily equally) unless your agreement says otherwise.

Notarization
Required
Witnesses
Required (2)
Financial disclosure
Strict — full disclosure is essential
Independent lawyers
A meaningful opportunity to consult counsel is required
Timing rule
Sign at least 7 days before the wedding
Spousal support terms
Can be set in your agreement

Minnesota prenup questions, answered

Are prenuptial agreements enforceable in Minnesota?

Yes. Minnesota enforces prenuptial agreements under its own statutory framework. The governing law is Minn. Stat. § 519.11. The agreement must be in writing and signed by both partners, entered into voluntarily, and made with fair financial disclosure.

What is a prenup called in Minnesota?

Minnesota law formally calls a prenup an "antenuptial agreement." It works the same way: a written contract two people sign before marriage that sets out property and financial rights.

Does a prenup need to be notarized in Minnesota?

Yes. Minnesota requires prenuptial agreements to be notarized. Both partners sign in front of a notary, who verifies identity and applies their seal.

Do you need witnesses to sign a prenup in Minnesota?

Yes — Minnesota requires 2 witnesses at signing, in addition to both partners and a notary.

Do we each need a lawyer to get a prenup in Minnesota?

Minnesota requires that each partner have a meaningful opportunity to consult their own lawyer before signing — you can waive it, but the opportunity must be real. OurPrenup's timeline and documents are built around that requirement.

Is Minnesota a community property state?

No. Minnesota is an equitable distribution state — without an agreement, courts divide marital property "fairly," which is not necessarily equally. A prenup replaces that uncertainty with rules you both chose.

Can a prenup waive or limit spousal support (alimony) in Minnesota?

Yes — Minnesota allows couples to set, limit, or waive spousal support in a prenup, subject to fairness review and statutory safety valves that protect a spouse from being left in hardship. OurPrenup offers a full waiver, payment formulas with amounts you choose, or leaving support to state law.

What financial disclosure does Minnesota require for a prenup?

Minnesota takes disclosure seriously: each partner must give a full and fair picture of their assets, debts, and income before signing. Incomplete disclosure is the most common reason prenups get thrown out. OurPrenup builds sworn financial disclosure schedules for both partners into every agreement.

When should we sign our prenup in Minnesota?

Minnesota law requires signing at least 7 days before the wedding. Most attorneys recommend having the agreement finished at least 30 days before the wedding.

How much does a prenup cost in Minnesota?

Attorney-drafted prenups in Minnesota commonly run $1,500–$5,000+ per couple. OurPrenup is a flat $599 per couple for a complete Minnesota-specific antenuptial agreement, financial disclosure schedules for both partners, a plain-language summary, and step-by-step Minnesota signing instructions — with optional online e-sign and notarization for $50.

How to sign your antenuptial agreement in Minnesota

  1. 1

    Both parties review the final antenuptial agreement and all attached financial schedules.

  2. 2

    Sign at least 7 days before the wedding ceremony. Minn. Stat. § 519.11, subd. 1b(5) makes execution 'no less than seven days before the marriage' an element of procedural fairness. An agreement executed at least seven days before the wedding is presumed enforceable (the challenger bears the burden of proof); one executed less than seven days before is not presumed enforceable, and the spouse relying on it bears the burden of proving it up.

  3. 3

    Each party must have had a meaningful opportunity to consult with an independent attorney before signing.

  4. 4

    Both parties sign the antenuptial agreement.

  5. 5

    2 witnesses must be present and sign the agreement.

  6. 6

    Have the agreement notarized. Notarization is required in Minnesota.

  7. 7

    Keep the original signed agreement in a safe location. Provide copies to both parties and their attorneys.

Who needs to be there

  • 2 × Signing parties
  • 2 × WitnessMinn. Stat. § 519.11, subd. 1b(3): the agreement must be 'in writing, executed in the presence of two witnesses, and acknowledged by the parties before a person authorized to administer an oath.' The witnesses and the acknowledging officer are distinct statutory roles; as conservative practice the notary should not double as a witness, so plan for 5 people at signing (2 parties + 2 witnesses + 1 notary).
  • 1 × Notary Public

5 people total at signing

Governing law

  • Minn. Stat. § 519.11

Good to know in Minnesota

  • Minn. Stat. § 519.11, subd. 1b(3): the agreement must be 'in writing, executed in the presence of two witnesses, and acknowledged by the parties before a person authorized to administer an oath.' The witnesses and the acknowledging officer are distinct statutory roles; as conservative practice the notary should not double as a witness, so plan for 5 people at signing (2 parties + 2 witnesses + 1 notary).
  • Financial disclosure must include the BASIS for all valuations — explain how each value was determined (Minn. Stat. § 519.11, subd. 1b(a)).
  • Minnesota law (Minn. Stat. § 519.11, subd. 1b) requires the agreement to be entered into and executed NO LESS THAN SEVEN DAYS before the marriage. An agreement executed at least 7 days out is presumed enforceable; one executed inside that window loses the presumption and the spouse relying on it must prove its fairness.

This guide is general information about Minnesota law, not legal advice. For advice on your specific situation, consult a licensed attorney in Minnesota. See our full legal disclaimer.

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