Minnesota Postnuptial Agreement

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

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.

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