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.
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new text begin (b) An antenuptial agreementnew text end made in conformity with this section maynew text begin :
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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 ;
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new text begin (2) provide for spousal maintenance, as defined in section 518.003, subdivision 3a;
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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
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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.
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new text begin (d) An agreement duly acknowledged and attested is prima facie proof of the matters
acknowledged in the agreement.
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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:
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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
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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.
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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.
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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).
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new text begin (b) An antenuptial agreement is procedurally fair if:
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new text begin (1) there is full and fair disclosure of the current income and property of each party;
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new text begin (2) each party has had a meaningful opportunity to consult with independent legal counsel
of the party's choosing;
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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;
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new text begin (4) the agreement is entered into voluntarily and free of duress; and
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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 agr