Post-nuptial agreements are a contract made between two people during their marriage. A post-nuptial agreement allows the two people to determine what rights each has to property if a dissolution, legal separation or death occurs. Generally, post-nuptial agreements are utilized to protect property so as to prevent a party from gaining an interest in that property should a dissolution, legal separation or death occur. In order to be binding in Minnesota, post-nuptial agreements must be made after the solemnization of the marriage, there must have been a full and fair disclosure of the earnings and property of each party, must be substantively fair and equitable at execution and enforcement, each party must be represented by separate legal counsel, it must be in writing, it must be executed in the presence of two witnesses and acknowledged by the parties before any officer or person authorized to administer an oath under the laws of the State of Minnesota.
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*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.