Even though you may have fewer assets and less property than you had before you divorced, you still may have more coming into your new relationship than you did the first time you married. Considering this plus the fact that, according to the American Psychological Association, second marriages are less likely to succeed than first marriages, you may want to consider a prenuptial agreement.
Minnesota law refers to prenuptial agreements as “antenuptial contracts,” and they are legally binding.
What makes it legal
You and your future spouse must both disclose your property and earnings to each other, and you must both have the opportunity to speak to an attorney before you sign. The agreement must be in writing, and two witnesses must sign the document as well. If you are including real estate in more than one county, you should file your contract in each county where you own real estate.
You must complete the contract before the day you marry. If you decide you want an agreement after you marry, you will have to create a postnuptial contract instead, which has slightly different requirements.
What you can include
With this contract, you can identify all the assets and property you own as you enter the marriage and claim them as personal property. This is not just to make sure you get to keep it all if the two of you divorce. If you have children from another relationship, you can designate that your personal property goes to your children if you die before your spouse.
What you cannot include
You cannot make any arrangements regarding child custody or child support in your agreement, as the state has laws and guidelines for these already. You also may not include any stipulations that are illegal.