SF 1969

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to marriage; establishing standards for 
  1.3             setting aside or modifying antenuptial contracts; 
  1.4             amending Minnesota Statutes 1996, section 519.11, by 
  1.5             adding a subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 519.11, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 5a.  [SUBSTANTIVE FAIRNESS AT TIME OF 
  1.10  ENFORCEMENT.] (a) This subdivision applies in cases where the 
  1.11  substantive fairness of an antenuptial contract or settlement is 
  1.12  challenged at the time of enforcement.  The party challenging 
  1.13  the substantive fairness has the burden of establishing that 
  1.14  enforcement would not be substantively fair.  The party must 
  1.15  submit an affidavit setting forth facts supporting the request 
  1.16  to set aside or modify the contract and give notice, together 
  1.17  with a copy of the affidavit, to the other party, who may file 
  1.18  an opposing affidavit.  The court shall deny the request unless 
  1.19  the affidavit sets forth sufficient facts, if true, to set aside 
  1.20  or modify the contract.  If the affidavit sets forth sufficient 
  1.21  facts, the court shall order an evidentiary hearing. 
  1.22     (b) The court shall set aside or modify an antenuptial 
  1.23  contract or settlement only to the extent the court makes 
  1.24  specific findings that it is necessary to prevent substantive 
  1.25  unfairness.  If the court makes a determination to set aside or 
  2.1   modify provisions waiving an award of nonmarital property, 
  2.2   section 518.58, subdivision 2, applies, except that the court 
  2.3   may not apportion more than one-quarter of the property 
  2.4   otherwise excluded.  The court may set aside or modify a 
  2.5   provision restricting or eliminating spousal maintenance only to 
  2.6   the extent necessary to provide support to meet the reasonable 
  2.7   needs of the party for whom maintenance is sought.