Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 545-H.F.No. 1788 
                  An act relating to marriage; providing for postnuptial 
                  contracts; amending Minnesota Statutes 1992, section 
                  519.11. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1992, section 519.11, is 
        amended to read: 
           519.11 [ANTENUPTIAL CONTRACT AND POSTNUPTIAL CONTRACTS.] 
           Subdivision 1.  [ANTENUPTIAL CONTRACT.] A man and woman of 
        legal age may enter into an antenuptial contract or settlement 
        prior to solemnization of marriage which shall be valid and 
        enforceable if (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 settlement made in 
        conformity with this section may determine what rights each 
        party has in the nonmarital property, defined in section 518.54, 
        subdivision 5, clauses (a) to (d), upon dissolution of marriage, 
        legal separation or after its termination by death and may bar 
        each other of all rights in the respective estates not so 
        secured to them by their agreement.  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. 
           Subd. 1a.  [POSTNUPTIAL CONTRACT.] (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: 
           (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 
           (2) complies with the requirements for postnuptial 
        contracts or settlements in this section. 
           (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 
        visitation. 
           (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. 
           (d) A postnuptial contract or settlement is valid and 
        enforceable only if at the time of its execution each of the 
        spouses entering into the contract or settlement has marital 
        property titled in that spouse's name, nonmarital property, or a 
        combination of marital property titled in that spouse's name and 
        nonmarital property with a total net value exceeding $1,200,000. 
           (e) A postnuptial contract or settlement is not valid or 
        enforceable if either party commences an action for a legal 
        separation or dissolution within two years of the date of its 
        execution. 
           (f) 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 post-nuptial contract or settlement 
        under this section. 
           Subd. 2.  [WRITING; EXECUTION.] 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.  The agreement 
        An antenuptial contract must be entered into and executed prior 
        to the day of solemnization of marriage.  
           Subd. 2a.  [AMENDMENT OR REVOCATION.] An antenuptial 
        contract or settlement may be amended or revoked after the 
        marriage of the parties only by a valid postnuptial contract or 
        settlement which complies with this section and with the laws of 
        this state.  A postnuptial contract or settlement may be amended 
        or revoked only by a later, valid postnuptial contract or 
        settlement which complies with this section and with the laws of 
        this state. 
           Subd. 3.  [FILING; RECORDING.] 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.  
           Subd. 4.  [EFFECT OF RECORDING.] 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.  
           Subd. 5.  [EVIDENCE; BURDEN OF PROOF.] 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.  
           Subd. 6.  [EFFECTIVE DATE.] This section shall apply to all 
        antenuptial contracts and settlements executed on or after 
        August 1, 1979, and shall apply to all postnuptial contracts and 
        settlements executed on or after August 1, 1994.  
           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 contracts or settlements. 
           Presented to the governor April 29, 1994 
           Signed by the governor May 2, 1994, 1:40 p.m.