"A premarital agreement forms a contract in law; it contains legally binding language. Thus, it features many elements that normal contracts have. For a valid premarital contract, there must be a meeting of the minds, and unity about the stipulations involved in the agreement." - George W. Kent, Family Law for Paralegals 20 (2009).
The parties must share the same understanding of what the agreement means and entails regarding obligations. Both parties must also have legal and mental capacity to enter into the agreement willingly. Id. They cannot be under eighteen (18) years of age, (legal minor), or in an intoxicated, or drug-induced state of mind, for instance. Everything in the agreement must meet legal criteria or requirements. Id.