Getting married is full of joy, hope, and shared dreams for the future. No one walks down the aisle thinking about what happens if things don’t work out—but creating a prenuptial or postnuptial agreement isn’t about expecting failure. It’s about planning with intention and protecting both parties with clarity and fairness, no matter what the future holds.

At Johnson/Turner, we believe in empowered choices and honest conversations. Whether you’re preparing for marriage or already in it, prenups and postnups are tools that can strengthen—not threaten—your relationship by putting clear expectations and protections in place.

What Are Prenuptial and Postnuptial Agreements?

• A Prenuptial Agreement is a contract created before marriage that outlines how assets and income would be handled in the event of divorce.

• A Postnuptial Agreement is similar but is entered into during the marriage. It can be a valuable resource if financial situations shift or you simply want to create peace of mind.

Both agreements can be tailored to your specific needs, but there are some important legal requirements to keep in mind.

What Makes These Agreements Valid?

To be legally enforceable in Minnesota, the following must apply:

• Full and Fair Disclosure: Both partners must openly share all assets and debts—even if the agreement doesn’t address each one specifically.

• Opportunity for Legal Advice: Each person must be given the chance to consult with their own attorney before signing.

• Voluntary and Fair: The agreement must be entered into freely by both parties and cannot be overly one-sided.

If any of these elements are missing, the agreement may not hold up in court. In a divorce, that could mean the court treats the situation as though the agreement never existed.

What Can—and Can’t—Be Included?

Prenups and postnups are powerful tools, but they can’t do everything.

• ✅ They can cover how to divide income, property, and debts.

• 🚫 They cannot decide child custody or parenting time. Minnesota law requires those decisions to be based on the best interest of the child at the time of divorce or separation.

Special Considerations for Postnuptial Agreements

Timing matters. In Minnesota, any postnup signed within two years of filing for divorce is automatically presumed suspect. That means if a couple creates a postnup and one spouse files for divorce within that two-year window, the person seeking to enforce the agreement must prove it was fair at the time it was signed.

Prenups, on the other hand, are not subject to the two-year rule. So even if a marriage ends shortly after it begins, a properly executed prenup still holds legal weight.

Let’s Build a Plan That Reflects Your Values

Whether you’re starting a new chapter or refining an existing one, prenups and postnups can offer clarity, security, and peace of mind. At Johnson/Turner, we’re not just attorneys—we’re your trusted guides through life’s most personal legal decisions.

📞 Contact us today and schedule a consultation. Let’s talk through your goals and help you take the next step with confidence