Minnesota Postnuptial Agreement

Minnesota Antenuptial Agreement Changes

In order to be effective, a Minnesota Antenuptial Agreement must be signed by the parties prior to a marriage.

However, any desired amendments to, or revocation of, a Minnesota Antenuptial Agreement – other than a waiver of probate rights – can only be made pursuant to a validly executed Minnesota Postnuptial Agreement.

Minnesota Postnuptial Agreement – Requirements

While the same Minnesota statute governs both Minnesota Antenuptial Agreements, and a Minnesota Postnuptial Agreement, the Minnesota statutes relating to a Minnesota Postnuptial Agreement require that both spouses be actually represented by separate legal counsel at the time of its execution.

Minnesota Postnuptial Agreement – Difference

The above requirement is the primary difference between a Minnesota Antenuptial Agreement, and a Minnesota Postnuptial Agreement:

Parties to a Minnesota Antenuptial Agreement need not be represented by separate legal counsel.
Parties to a Minnesota Postnuptial Agreement must be represented by separate legal counsel.

Minnesota Postnuptial Agreement – Time Delay

In addition, a Postnuptial Agreement is not enforceable if either party commences an action for legal separation or dissolution within 2 years of the date of its creation.

Minnesota Antenuptial Agreement – Waiver of Federal Pension/ERISA Rights

In general, a Minnesota Antenuptial Agreement will not be effective to waive a spouse’s rights to receive benefits under a federal pension or retirement plan arising under federal law – either ERISA or REA – since the parties to a Minnesota Antenuptial Agreement are by definition not yet married, and they cannot waive federal pension rights which are reserved to a spouse.

Minnesota Postnuptial Agreement – Waiver of Federal Pension/ERISA Rights

A Postnuptial Agreement can be effective to waive benefits under a federal pension or retirement plan arising under federal law – either ERISA or REA – because the parties to a Minnesota Postnuptial Agreement are married.

Conclusion – Minnesota Postnuptial Agreements

The execution of a Minnesota Postnuptial Agreement after marriage is required in order to achieve a voluntary modification of certain statutory marital rights.

However, a Minnesota Postnuptial Agreement is not simple a document to create, and requires a considerable amount of legal advice in order to increase the chances that such an agreement will be legally enforceable, and suitable for each person’s situation.

Gary C. Dahle – Attorney at Law

2704 Mounds View Blvd., Mounds View, MN 55112

Phone: 763-780-8390 Fax: 763-780-1735

Legal Disclaimer

Information provided herein is only for general informational and educational purposes. Minnesota Antenuptial and postnuptial agreements involve many complex legal issues. If you have a specific legal problem about which you are seeking advice, either consult with your own attorney or retain an attorney of your choice. Gary C. Dahle, Attorney at Law, is licensed to practice law in the State of Minnesota, in the United States of America. Therefore, only those persons interested in matters governed by the laws of the State of Minnesota should consult with, or provide information to, Gary C. Dahle, Attorney at Law, or take note of information provided herein.

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Links:

Minnesota Antenuptial Agreements

Links to Minnesota Probate Records

Minnesota Department of Health – Death Records Index – 1997 to Present: http://www.health.state.mn.us/divs/chs/osr/DecdIndex/dthSearch.cfm

Minnesota Historical Society – Death Records; 1904 – 2001: http://www.mnhs.org/people/deathrecords

Minnesota Department of Health – Birth Certificates – http://www.health.state.mn.us/divs/chs/osr/birth.html

Minnesota Historical Society – Birth Records: http://www.mnhs.org/people/birthrecords

Minnesota Marriage Records – https://moms.mn.gov/

——— Gary C. Dahle Attorney at Law ———