MN HF5422

Changes antenuptial agreement requirements from "a man and woman" to "two individuals of legal age" to allow same-sex couples to enter into such agreements.

Establishes procedural fairness requirements including full and fair disclosure of income and property, meaningful opportunity to consult independent legal counsel, written format with two witnesses, voluntary execution free of duress, and execution at least seven days before marriage.

Establishes substantive fairness requirements allowing courts to refuse enforcement if all or part of an agreement is unconscionable due to its terms or drastically changed circumstances unforeseen at execution.

Clarifies postnuptial agreement rules requiring separate legal counsel representation for both spouses at execution and presuming unenforceability if either party files for legal separation or dissolution within two years unless proven fair and equitable.

Effective August 1, 2023, applying to all antenuptial and postnuptial agreements executed on or after that date.