Prenuptial & Postnuptial Agreement Attorney in St. Paul, Minnesota
A prenuptial or postnuptial agreement isn't planning for divorce — it's deciding together, in writing, what stays yours, what you share, and what your children inherit, instead of leaving those questions to state law or a court later.
A prenuptial agreement (sometimes called an antenuptial agreement) is signed before marriage; a postnuptial agreement is signed after you’re already married. Under Minnesota law, both let a couple decide for themselves how property is classified, what stays separate or “non-marital,” how assets and debts are handled, whether either person waives spousal maintenance, and — the part many couples overlook — what a spouse will or won’t inherit from the other’s estate.
That last piece is why it can be beneficial to work with an estate planning firm. A marital agreement and your will, trust, and beneficiary designations all decide where your assets go — and if they disagree, the conflict surfaces at the worst possible moment. Minnesota law also gives a surviving spouse marital rights to an “elective share” of the estate that can override what your will says (Minn. Stat. §§ 524.2-201 to 524.2-215). We draft prenups and postnups that fit your estate plan rather than fight it — so a business you built or an inheritance you brought in stays protected. And what you leave your family reflects what you actually want, whether that’s making sure your spouse is fully provided for, preserving a defined inheritance for children from a prior relationship, or a deliberate split between them.
Minnesota law also requires that certain requirements are met in order for these agreements to be enforceable (Minn. Stat. § 519.11, updated August 1, 2024). In general, the agreement must be in writing, signed before two witnesses and notarized, signed well before the wedding rather than the night before, and built on a full and fair disclosure of each person’s income and property — and it has to be fair both when it’s signed and when it’s enforced. It is also recommended that each party have their own independent attorney to advise them of their individual rights. A postnuptial agreement carries one added rule: it is not enforceable if the parties divorce within two years of signing it. We represent one spouse, and we’ll help you understand why the other person having separate counsel makes the agreement stronger, not weaker.
Schromen Law is an all-women estate planning firm in St. Paul. We draft these agreements for the way real marriages actually start — second marriages and blended families, business owners entering a marriage, couples bringing very different assets to the table, and people marrying later in life with a lot already built. We work on flat fees confirmed in a free consultation before any work begins, so there are no surprises, and you leave with an agreement that says what you both decided — not what a default rule would have decided for you.
These agreements aren’t about how much you have today. Many of our clients are marrying young and building from scratch — and want to decide their terms together now, before there’s more to divide and less goodwill to divide it with.
What's included when we draft your agreement
- A free initial consultation to scope your situation and confirm fit and cost
- Guidance on full and fair financial disclosure — including the asset and debt schedules the agreement needs
- A prenuptial or postnuptial agreement drafted to Minnesota’s § 519.11 requirements
- Coordination with your will, trust, and beneficiary designations so the documents agree
- Direction on witnesses, notarization, and signing timeline so the agreement is properly executed
- A signed, executed agreement you can revisit
Documents your agreement may coordinate with
- Last Will and Testament
- Revocable Living Trust
- Beneficiary designations on retirement and life insurance
- Spousal elective-share provisions
- A business buy-sell or operating agreement
Who this serves
- Couples marrying with intention — who want clarity now, not litigation later
- Couples entering a second (or later) marriage
- Blended families with children from a prior relationship
- Business owners getting married
- Couples bringing different assets or debts to the marriage
- Couples marrying later in life
- Women protecting a business, a practice, or an inheritance they built
- Same-sex and partnered couples putting shared expectations in writing
Who Most Often Benefits From a Minnesota Prenuptial or Postnuptial Agreement
These agreements aren’t only for second marriages. Couples benefit at every stage, starting with the first.
First Marriages
A prenuptial agreement isn’t a bet against your marriage — it’s a chance to talk openly about money, debt, and expectations and decide your own terms together, a conversation most couples never actually have. First-time couples often want one when a family business or an expected inheritance is in the picture, when one person brings student loans or very different assets, or when one of you may step back from a career to raise children. Starting a marriage with a clear, shared plan in writing is a sign of partnership, not doubt.
Second Marriages and Blended Families
When one or both of you already has children, a marital agreement keeps what you intend for them from being absorbed into a new marriage — and pairs with your estate plan so a prior family and a new spouse are both provided for intentionally.
Business Owners Entering Marriage
If you own a business or a professional practice, an agreement can keep it classified as separate property, spell out how growth during the marriage is treated, and keep ownership from being divided or tied up if the marriage ends.
Couples With Separate Assets
Property, investments, or an inheritance you bring into the marriage can stay fully non-marital — but usually only when that’s documented before it gets blended into everyday joint life.
Couples Coordinating Estate Plans Across Prior Children
An agreement can define what a surviving spouse receives versus what’s preserved for children from an earlier relationship, so your estate plan and your marriage are telling the same story.
Couples Marrying Later in Life
Marrying with retirement accounts, a home, and adult children already in the picture raises different questions than a first marriage at 25 — an agreement settles them up front, calmly and intentionally, while you’re both planning together.
Common Situations Our Prenup & Postnup Clients Navigate
- A first marriage, starting with intention and clear communication
- A second marriage where each person wants to protect children from a prior relationship
- A business owner who wants their company kept separate following the wedding
- A couple who never signed a prenup and now want a postnuptial agreement to define things
- One partner entering the marriage with individual assets — or debt
- Partners blending finances who want clarity rather than assumptions
- Couples marrying later in life coordinating estate plans and adult children
- A spouse who wants to define or waive elective-share rights so a will and trust control
- A couple who signed a prenup years ago that no longer fits their life
What Happens Without a Prenuptial or Postnuptial Agreement in Minnesota
Without an agreement, Minnesota’s default rules decide. Property acquired during the marriage is generally treated as marital property and divided equitably if the marriage ends — which can include growth in a business or assets you thought of as yours. At death, a surviving spouse can claim an elective share of the estate that overrides what your will leaves to children from a prior relationship. Separate property that gets blended into everyday joint life can quietly lose its separate character. And the people most affected — your kids, a business partner, your spouse — have no say in any of it.
None of that has to be your story. Your intentions just have to be documented — together, and in advance.
Prenuptial & Postnuptial Agreements Frequently Asked Questions
Schromen Law helps couples put their expectations in writing in a way that fits their estate plan and holds up under Minnesota law — starting with the questions below.
A prenuptial agreement (also called an antenuptial agreement) is signed before the wedding; a postnuptial agreement is signed after you’re already married. Minnesota authorizes both under the same statute (Minn. Stat. § 519.11), and both can define separate versus marital property, address spousal maintenance, allocate debts, and set what a spouse inherits. The main practical difference is that a postnuptial agreement is not enforceable if a divorce occurs within 2 years of the postnuptial being signed.
Yes, when they meet the requirements in Minn. Stat. § 519.11, which was substantially updated effective August 1, 2024. In general the agreement must be in writing, signed before two witnesses and notarized, supported by full and fair financial disclosure, and fair both when it’s signed and when it’s enforced. It is strongly recommended that each party have independent counsel. The agreements most often challenged are the ones rushed through right before the wedding or signed without real disclosure or a chance to review with counsel.
It is strongly recommended that each spouse be represented by separate, independent legal counsel. For a prenuptial agreement, each person must at least have a reasonable opportunity to consult their own attorney, and in practice having separate counsel makes the agreement much harder to challenge later. Schromen Law represents one of you; the other should have their own lawyer review and sign.
It can be a central part of it, if that is your goal.. A marital agreement can define what your spouse receives versus what’s preserved for children from a prior relationship and — coordinated with a will and trust — keep a new marriage from unintentionally redirecting what you meant for your kids. This is one of the most common reasons our clients in second marriages and blended families ask for one.
Yes — and that’s just as common a reason to have one. A marital agreement isn’t only about keeping things separate; it can also lock in what you want your spouse to receive, so no one can second-guess it later. If your intention is to provide generously for your spouse — even to leave them everything — a prenup or postnup coordinated with your will and trust puts that in writing and makes it far harder for anyone else to challenge. Minnesota law already leans toward protecting a surviving spouse (through the elective share under Minn. Stat. § 524.2-202, plus homestead and family allowances), but those are floors, not your full wishes. An agreement lets you set the ceiling too.
That’s your call to make, and we’ll help you make it cleanly. Some clients want to preserve a defined inheritance for children from a prior relationship; others want their current spouse to be the primary or sole beneficiary. Minnesota’s default rules try to balance both — a surviving spouse can claim an elective share of the estate no matter what the will says, and in some situations the law reserves a larger portion for children who aren’t the spouse’s — but “default” rarely matches exactly what any one family wants. A prenup or postnup, coordinated with your will and trust, lets you set that balance yourself and document it clearly, so your wishes hold up whether you’re providing more for your spouse, more for your children, or a specific split between them.
Often, yes. Minnesota gives a surviving spouse an “elective share” of the estate that can override your will (Minn. Stat. §§ 524.2-201 to 524.2-215). A properly drafted agreement can define or waive those rights so your will and trust actually control.
No — that’s exactly what a postnuptial agreement is for. Couples who never signed a prenup, or whose situation has changed (a business that took off, an inheritance, a blended family finding its footing), can use a postnup to classify property and coordinate their estate plans. Minnesota does apply closer scrutiny to postnuptial agreements, which is part of why separate counsel for each spouse is required.
We recommend signing your prenuptial agreement within 4-6 weeks before the date of the wedding. Minnesota’s framework expects the agreement to be signed well before the ceremony — current guidance points to at least seven days ahead — and the more time, disclosure, and independent review on both sides, the stronger it is. Agreements negotiated in the final days before a wedding are the most vulnerable to a later claim of pressure. It can be helpful to start working with an attorney on your prenup as early as you can so that neither party feels rushed or pressured during the process, and in the weeks leading up to the wedding.
