An antenuptial (or prenuptial) agreement is a contract, signed before marriage, that can significantly alter rights of the parties to property, or spousal support in the event of divorce or death of a spouse.
To be valid, Minnesota law requires that an antenuptial agreement must:
* Be in writing;
* Make a full and complete disclosure of the assets and debts of both parties;
* Be signed before the date of marriage (preferably at least a few days before);
* Be witnessed by two people;
* Be notarized.
In addition, both parties must have the opportunity to consult with an attorney of their choosing. Although this right can be waived, doing so opens the agreement to later attack.
To be enforceable, an antenuptial agreement must be reasonable at the time it is executed in addition to when it is enforced. If challenged, the burden of proof is on the party challenging the terms of the agreement.