A postnuptial agreement is a written contract that spouses sign after the wedding to decide how their property is divided if they divorce or one of them dies. New York, Minnesota and Louisiana require formal signing, such as an acknowledgment before a notary. NotaryPublic24 notarizes your signed agreement online.
A postnuptial agreement, or postnup, is a contract that two spouses sign after they marry. It can record which property is separate, which is shared and how it will be divided if the marriage ends.
Minnesota law shows what a postnup can cover. It may decide the same matters as a prenup, including marital and nonmarital property, spousal maintenance and each spouse’s rights in the other’s estate.
For example, a postnup can state that an inheritance or a business stays the separate property of one spouse. Both spouses should understand what they agree to before they sign.
The main difference is timing. A prenuptial agreement is signed before the wedding, while a postnuptial agreement is signed by spouses who are already married.
| Prenuptial agreement | Postnuptial agreement | |
|---|---|---|
| When it is signed | Before the wedding | During the marriage |
| What it can cover in Minnesota | Property, spousal support, rights in the other spouse’s estate | The same matters |
| Extra rules in Minnesota | Signed at least 7 days before the wedding | Each spouse has a separate lawyer; presumed unenforceable if divorce is filed within two years, unless shown to be fair |
Some states add stricter rules for postnups. Minnesota is one example.
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The rules come from state law. In New York, an agreement made during the marriage must be in writing, signed by both spouses and acknowledged or proven like a deed for recording.
Minnesota requires full and fair disclosure of income and property, a separate lawyer for each spouse and signing before two witnesses, with an acknowledgment before a person authorized to administer oaths. These rules apply to agreements signed on or after August 1, 2024.
In Louisiana, a matrimonial agreement must be an authentic act before a notary and two witnesses, or a private act acknowledged by both spouses. One that changes the property regime during the marriage also needs court approval, unless the couple moved to Louisiana less than a year ago.
In some states, yes. Minnesota requires an acknowledgment before a person authorized to administer oaths, Louisiana an authentic act or acknowledged private act, and New York an acknowledgment or proof like a deed.
In England and Wales a postnup is not automatically binding. In Radmacher v Granatino (2010), the UK Supreme Court said courts should give effect to an agreement freely entered into with full understanding, unless holding the spouses to it would be unfair.
Check that your state accepts remote notarization for the agreement. Then order notarization and NotaryPublic24 notarizes your signed agreement online.
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A postnuptial agreement is a written contract between spouses, signed after the wedding. It sets out which property is separate or shared and how it is divided if the marriage ends through divorce or death. It works like a prenup but is made during the marriage.
It depends on the state. Minnesota only enforces a postnup if each spouse had a separate lawyer when it was signed. Other states may not require a lawyer, but independent advice helps each spouse understand what they give up before signing.
New York allows an agreement made at any time during the marriage. In Louisiana, one that changes the property regime needs court approval, except in the first year after moving there. In Minnesota, it is presumed unenforceable if either spouse files for separation or divorce within two years, unless shown to be fair and equitable.
Yes, when they meet the state's rules. New York enforces an agreement that is written, signed and acknowledged or proven like a deed. In England and Wales a court is not bound by it but should give effect to an agreement freely made with full understanding, unless that would be unfair.
In some states, yes. New York requires an acknowledgment or proof like a deed, Minnesota requires an acknowledgment before a person authorized to administer oaths, and Louisiana requires an authentic act or a private act acknowledged by the spouses. Notarization also proves who signed.
No, you do not have to be physically present to get an Apostille online. However, you need to verify your identity with a government issued ID.
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