Minnesota Legislature
SF 4386
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/29/2024 04:51pm
Current Version - as introduced
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23
5.24 5.25
A bill for an act
relating to marriage; modifying and updating provisions governing antenuptial
and postnuptial agreements; requiring procedural and substantive fairness; amending
Minnesota Statutes 2022, section 519.11.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 519.11, is amended to read:
519.11 ANTENUPTIAL AND POSTNUPTIAL deleted text begin CONTRACTSdeleted text end new text begin AGREEMENTSnew text end .
Subdivision 1.
Antenuptial deleted text begin contractdeleted text end new text begin agreementnew text end .
deleted text begin A man and womandeleted text end new text begin (a) Two individualsnew text end
of legal age may enter into an antenuptial deleted text begin contract or settlementdeleted text end new text begin agreementnew text end prior to new text begin the
new text end solemnization of marriage which shall be valid and enforceable if deleted text begin (a) there is a full and fair
disclosure of the earnings and property of each party, and (b) the parties have had an
opportunity to consult with legal counsel of their own choice. An antenuptial contract or
settlementdeleted text end new text begin the agreement meets the procedural and substantive fairness requirements under
subdivisions 1b and 1c.
new text end
new text begin (b) An antenuptial agreementnew text end made in conformity with this section maynew text begin :
new text end
new text begin (1)new text end determine what rights each party has in the new text begin marital and new text end nonmarital property, new text begin as those
terms are new text end defined in section 518.003, subdivision 3b, upon new text begin a new text end dissolution of marriagedeleted text begin ,deleted text end new text begin ornew text end
legal separation deleted text begin or after its termination by death anddeleted text end new text begin ;
new text end
new text begin
(2) provide for spousal maintenance, as defined in section 518.003, subdivision 3a;
new text end
new text begin
(3) determine the rights that each party has in the estate of the other as otherwise conferred
upon them by chapter 524; and
new text end
new text begin (4)new text end may bar each other of all rights in the respective estates not so secured to them by
their agreement. deleted text begin This section shall not be construed to make invalid or unenforceable any
antenuptial agreement or settlement made and executed in conformity with this section
because the agreement or settlement covers or includes marital property, if the agreement
or settlement would be valid and enforceable without regard to this section.
deleted text end
new text begin
(c) The marriage itself is adequate consideration for an agreement made in conformity
with this section.
new text end
new text begin
(d) An agreement duly acknowledged and attested is prima facie proof of the matters
acknowledged in the agreement.
new text end
new text begin
(e) If an antenuptial agreement unambiguously permits severability, the court may sever
any unenforceable provision and enforce the remaining provisions of the agreement.
new text end
deleted text begin Subd. 1a. deleted text end
deleted text begin Postnuptial contract. deleted text end
deleted text begin
(a) Spouses who are legally married under the laws of
this state may enter into a postnuptial contract or settlement which is valid and enforceable
if it:
deleted text end
deleted text begin
(1) complies with the requirements for antenuptial contracts or settlements in this section
and in the law of this state, including, but not limited to, the requirement that it be
procedurally and substantively fair and equitable both at the time of its execution and at the
time of its enforcement; and
deleted text end
deleted text begin
(2) complies with the requirements for postnuptial contracts or settlements in this section.
deleted text end
deleted text begin
(b) A postnuptial contract or settlement that conforms with this section may determine
all matters that may be determined by an antenuptial contract or settlement under the law
of this state, except that a postnuptial contract or settlement may not determine the rights
of any child of the spouses to child support from either spouse or rights of child custody or
parenting time.
deleted text end
deleted text begin
(c) A postnuptial contract or settlement is valid and enforceable only if at the time of its
execution each spouse is represented by separate legal counsel.
deleted text end
deleted text begin
(d) A postnuptial contract or settlement is presumed to be unenforceable if either party
commences an action for a legal separation or dissolution within two years of the date of
its execution, unless the spouse seeking to enforce the postnuptial contract or settlement
can establish that the postnuptial contract or settlement is fair and equitable.
deleted text end
deleted text begin
(e) Nothing in this section shall impair the validity or enforceability of a contract,
agreement, or waiver which is entered into after marriage and which is described in chapter
524, article 2, part 2, further, a conveyance permitted by section 500.19 is not a postnuptial
contract or settlement under this section.
deleted text end
new text begin Subd. 1b. new text end
new text begin Procedural fairness. new text end
new text begin
(a) For purposes of this subdivision, "full and fair
disclosure" means that each party has provided a reasonably accurate description of all
material facts of their income and good faith estimates of the value of their property and
discloses the basis for these disclosures. A party must not waive the full and fair disclosure
requirement under paragraph (b), clause (1).
new text end
new text begin
(b) An antenuptial agreement is procedurally fair if:
new text end
new text begin
(1) there is full and fair disclosure of the current income and property of each party;
new text end
new text begin
(2) each party has had a meaningful opportunity to consult with independent legal counsel
of the party's choosing;
new text end
new text begin
(3) the agreement is in writing, executed in the presence of two witnesses, and
acknowledged by the parties before a person authorized to administer an oath under the
laws of this state;
new text end
new text begin
(4) the agreement is entered into voluntarily and free of duress; and
new text end
new text begin
(5) the agreement is entered into and executed no less than seven days before the marriage.
new text end
new text begin
(c) An agreement entered into and executed at least seven days before the date of marriage
is presumed enforceable and the burden of proof is on the party seeking to set aside the
agreement. An agreement that is entered into and executed less than seven days before the
marriage is not presumed enforceable, and the proponent of the agreement has the burden
of proof.
new text end
new text begin
(d) A power of attorney does not satisfy the requirements of paragraph (b), clause (3).
new text end
new text begin Subd. 1c. new text end
new text begin Substantive fairness. new text end
new text begin
(a) In determining if an agreement under this section
is substantively fair, the court shall consider whether all or part of the agreement is
substantively unfair as to be unconscionable to a party either by the agreement's terms or
as the result of drastically changed circumstances originally not foreseen when the agreement
was created, such that enforcement would no longer comport with the reasonable expectations
of the parties at the time that the parties executed the agreement.
new text end
new text begin
(b) The agreement need not approximate a division of marital or nonmarital property,
or award of spousal maintenance, consistent with statutory law regarding property division
or spousal maintenance. A deviation from statutory standards does not in itself make an
agreement unconscionable.
new text end
new text begin Subd. 1d. new text end
new text begin Postnuptial agreement. new text end
new text begin
(a) Spouses who are legally married under the laws
of this state may enter into a postnuptial agreement, which is valid and enforceable if the
agreement:
new text end
new text begin
(1) complies with the requirements for antenuptial agreements in this section and in the
laws of this state, including but not limited to the requirement that the agreement be
procedurally and substantively fair except that subdivision 1b, paragraph (b), clause (5),
does not apply; and
new text end
new text begin
(2) complies with the requirements for postnuptial agreements in this section.
new text end
new text begin
(b) A postnuptial agreement that conforms with this section may determine all matters
that may be determined by an antenuptial agreement under the law of this state.
new text end
new text begin
(c) A postnuptial agreement is valid and enforceable only if at the time of its execution
each spouse is represented by separate legal counsel.
new text end
new text begin
(d) A postnuptial agreement is presumed to be unenforceable if either party commences
an action for a legal separation or dissolution within two years of the date of the agreement's
execution, unless the spouse seeking to enforce the postnuptial agreement can establish that
the postnuptial agreement is fair and equitable.
new text end
new text begin
(e) Nothing in this section impairs the validity or enforceability of a contract, agreement,
or waiver that is entered into after marriage and that is described in sections 524.2-201 to
524.2-215. Further, a conveyance permitted by section 500.19 is not a postnuptial agreement
under this section.
new text end
deleted text begin Subd. 2. deleted text end
deleted text begin Writing; execution. deleted text end
deleted text begin
Antenuptial or postnuptial contracts or settlements shall
be in writing, executed in the presence of two witnesses and acknowledged by the parties,
executing the same before any officer or person authorized to administer an oath under the
laws of this state. An antenuptial contract must be entered into and executed prior to the
day of solemnization of marriage. A power of attorney may not be used to accomplish the
purposes of this section.
deleted text end
Subd. 2a.
Amendment or revocation.
An antenuptial deleted text begin contract or settlementdeleted text end new text begin agreementnew text end
may be amended or revoked after the marriage of the parties only by a valid postnuptial
deleted text begin contract or settlement whichdeleted text end new text begin agreement thatnew text end complies with this section and with the laws
of this state. A postnuptial deleted text begin contract or settlementdeleted text end new text begin agreementnew text end may be amended or revoked
only by a later, valid postnuptial deleted text begin contract or settlement whichdeleted text end new text begin agreement thatnew text end complies with
this section and with the laws of this state.
deleted text begin Subd. 3. deleted text end
deleted text begin Filing; recording. deleted text end
deleted text begin
An antenuptial or postnuptial contract or settlement which
by its terms conveys or determines what rights each has in the other's real property and sets
forth the legal description of the real estate granted or affected by the agreement may be
filed or recorded in every county where any real estate so described is situated, in the office
of the county recorder for the county or in any public office authorized to receive a deed,
assignment or other instrument affecting the real estate, for filing or recording.
deleted text end
deleted text begin Subd. 4. deleted text end
deleted text begin Effect of recording. deleted text end
deleted text begin
Any antenuptial or postnuptial contract or settlement not
recorded in the office of the county recorder or other public office authorized to receive the
document, where the real property is located, shall be void as against any subsequent
purchaser in good faith and for a valuable consideration of the same real property, or any
part thereof, whose conveyance is first duly recorded, and as against any attachment levied
thereon or any judgment lawfully obtained at the suit of any party against the person in
whose name the title to the property appears of record prior to recording of the conveyance.
deleted text end
deleted text begin Subd. 5. deleted text end
deleted text begin Evidence; burden of proof. deleted text end
deleted text begin
An antenuptial or postnuptial contract or settlement
duly acknowledged and attested shall be prima facie proof of the matters acknowledged
therein and as to those matters, the burden of proof shall be and rest upon the person
contesting the same.
deleted text end
Subd. 6.
deleted text begin Effective datedeleted text end new text begin Applicationnew text end .
This section deleted text begin shall applydeleted text end new text begin appliesnew text end to all antenuptial
deleted text begin contractsdeleted text end and deleted text begin settlements executed on or after August 1, 1979, and shall apply to alldeleted text end
postnuptial deleted text begin contracts and settlements executed on or after August 1, 1994deleted text end new text begin agreements
executed on or after August 1, 2023new text end .
Subd. 7.
Effect of sections 519.01 to 519.101.
Nothing in sections 519.01 to 519.101,
shall be construed to affect antenuptial or postnuptial deleted text begin contracts or settlementsdeleted text end new text begin agreementsnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to agreements
executed on or after that date.
new text end