Are prenups enforceable in Minnesota?

Yes. Minnesota enforces antenuptial agreements under Minn. Stat. 519.11. The statute was substantially updated effective August 1, 2024, and now sets out clear procedural and substantive fairness requirements. To be valid, an agreement generally must involve full and fair financial disclosure, a meaningful opportunity to consult independent counsel, a signed writing executed before two witnesses and a notary, voluntary agreement free of duress, and, to receive the strongest presumption, execution at least seven days before the wedding.

Under the updated Minn. Stat. 519.11, an antenuptial agreement that is entered into and executed at least seven days before the marriage is presumed enforceable, and the person challenging it carries the burden of proving it should be set aside. If the agreement is signed less than seven days before the wedding, that presumption does not apply, and the person seeking to enforce it carries the burden instead. In practice, this is a strong reason to finalize a Minnesota prenup well ahead of the ceremony.

Minnesota courts review antenuptial agreements for two kinds of fairness. Procedural fairness looks at how the agreement was made: disclosure, the chance to consult counsel, proper execution with witnesses and a notary, voluntariness, and timing. Substantive fairness looks at the terms themselves and whether they are so one-sided as to be unconscionable, either when signed or, following McKee-Johnson v. Johnson, in light of drastically changed circumstances at the time enforcement is sought. Your attorney can explain how both standards apply to your agreement.

For an antenuptial agreement, Minnesota requires that each party have a meaningful opportunity to consult with independent legal counsel of their choosing, rather than strictly mandating separate attorneys. Having each partner independently represented supports the procedural fairness the statute looks for. Notably, for a postnuptial agreement, Minnesota does require that each spouse be represented by separate legal counsel. Neptune connects each partner with their own attorney either way.

Traditional attorney-drafted prenups in Minnesota commonly run from around $1,500 to $10,000 or more per couple when both partners retain separate counsel, with complex or high-net-worth agreements at the higher end. Neptune offers a $5,000 flat fee that includes two independent attorneys, one for each partner, with no hourly billing and no payment required to start.

When both partners use Neptune attorneys, turnaround is typically around 3 to 4 weeks. The timeline includes drafting, independent review, financial disclosure, and negotiation. Because Minnesota gives its strongest presumption to agreements signed at least seven days before the wedding, and because the agreement must be witnessed and notarized, building in lead time is important. Rush pricing applies when the wedding is within 45 days.