Why do Couples Sign Antenuptial Contracts?

Most couples enter into an antenuptial agreement because they have assets that they wish to protect in the event a dissolution of marriage occurs or in the event that the spouse in whose name the assets are held predeceases the other spouse.

Others, having been previously married, wish to have an antenuptial agreement to protect and preserve their assets for children from prior marriages.

There are some persons who enter into antenuptial agreements because they believe they can contract certain duties in the marriage, like which spouse takes out the garbage or how many time the parties have sexual relations each week. Enforcing these agreements is not feasible. The purpose of an antenuptial agreement is to define what will occur in the event of separation, divorce or death. The purpose is not to define what will occur during the marriage.

Some persons believe they can enter into an antenuptial agreement and decide exactly what will happen in the event of separation or divorce, right down to which party gets custody of the children. The Court is not bound to uphold provisions of an agreement that violates the laws of Minnesota. Certain provisions of an antenuptial agreement; for example, who will have custody, the terms of visitation and/or child support are scrutinized by the Court at the time of separation and divorce to determine what is in the best interests of the children and whether the support provided is within the laws of Minnesota. The Court may ignore the entire provision if it is against the law or public policy.

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