Minnesota Postnuptial Agreement
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 Minnesota 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 Minnesota 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.
Copyright 2017 – All Rights Reserved
Gary C. Dahle – Attorney at Law
2704 County Road 10, Mounds View, MN 55112
Phone: 763-780-8390 Fax: 763-780-1735
Information provided herein is only for general informational and educational purposes. Minnesota Antenuptial and postnuptial agreements involve many complex legal issues.
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