OPINION
Appellant challenges the district court’s interpretation and application of the ante-nuptial agreement executed by him and respondent. Respondent, by notice of re *505 ■view, challenges both the district court’s determination that the .antenuptial agreement was valid and its application of the agreement to certain properties awarded to appellant as nonmarital property. Because the district court erred by determining that .the antenuptial agreement was valid and enforceable, we reverse and remand.
FACTS
Appellant Marcus LeRoy Siewert and respondent Janet Marie Siewert, now known as Janet Holst (Holst), were married on July 16, 1982. Four days before they were married, the parties signed an antenuptial agreement, which was also signed and notarized by the lawyer who drafted the agreement. No other witnesses signed the agreement.
Siewert filed a petition on April 12, 2001, for dissolution of the marriage. Holst challenged the enforceability of the ante-nuptial agreement, and in July and August 2002, the parties appeared before the district court for an evidentiary hearing to determine that issue. In November 2002, the district court determined that the ante-nuptial agreement was a valid and legally binding contract. A dissolution trial was held in the spring of 2003 before a second district court judge, and judgment was filed on September 16, 2003. Siewert moved for a new trial or, in the alternative, for amended findings and conclusions of law. The district court filed an amended judgment in March 2004. The district court divided the parties’ property in accordance with its reading of the antenup-tial agreement. This appeal follows.
ISSUE
Did the district court err by determining that the antenuptial agreement at issue was valid and enforceable?
ANALYSIS
Holst claims that the antenuptial agreement here is invalid because it was not executed in accordance with statutory requirements. Siewert argues that because Holst’s notice of review only identifies the orders for judgment entered on September 16, 2003, and on March 9, 2004, she failed to preserve for appeal the issue' of the validity of the antenuptial agreement; . therefore, Siewert argues, this court does not have jurisdiction to review the November 2002 order.
Minnesota appellate courts may review “any order affecting the order from which the appeal is taken and on appeal from a judgment may review any order involving the merits or .affecting the judgment.” Minn. R. Civ.App. P. 103.04. They may also “review any other matter as the interest of justice may require.” Id.
“A respondent may obtain review of a judgment or order entered in the same action which may adversely affect respondent by filing a notice of review with the clerk of the appellate courts. The notice of review shall specify the judgment or order to be reviewed.... ” Id., 106. Here, Holst filed a notice of review specifying the September 2003 and March 2004 judgments for this court’s review.
Nonappealable orders may be considered on appeal from a judgment if such orders involve the merit's or affect the judgment.
Thuma v. Kroschel,
Holst argues that the antenuptial agreement is invalid and unenforceable because it was improperly executed and is both procedurally and substantively unfair. Whether an antenuptial agreement is valid is a question of law subject to de novo review.
Pollock-Halvarson v. McGuire,
Holst argues that the antenuptial agreement is invalid and unenforceable because it was executed before only one witness and does not, therefore, comply with the statute. Siewert points to Petty v. Reese, No. C8-98-1576 (Minn.App. May 7, 1999), an unpublished decision of this court, to argue that the fact that there is only one witness does not make an antenuptial agreement unenforceable. But not only is Petty nonpreeedential, it is also inappo-site. The antenuptial agreement at issue in Petty was executed in Nebraska, and “the pai-ties reasonably relied on the appearance that Nebraska law required only one witness for proper execution of the agreement, since the standard form [the attorney] used to draft the agreement contained only one signature line for witnesses.” Id. at *2.
Siewert also cites
Pollock-Halvarson
to argue that the absence of a witness is not fatal to the validity and enforceability of the antenuptial agreement here. In that case, this court determined that an ante-nuptial agreement was valid even though only the notary public and one other person witnessed the agreement and even though the notary public was not commissioned.
Pollock-Halvarson,
The antenuptial agreement here was signed by the parties and one witness — the notary public. Siewert offers no explanation for the fact that the antenuptial agreement was not witnessed by two people. He does not allege, for example, that the parties believed in good faith that one witness satisfied the statutory requirement and that there was a reasonable basis for that belief. The district court determined that “[t]he absence of a second witness at execution time is of no impact in this matter,” without further explanation or citation of any legal authority. Because two witnesses did not sign the antenuptial agreement here, on its face it does not *507 satisfy the plain requirement of Minn.Stat. § 519.11, subd. 2, and it is invalid and unenforceable.
Because of our conclusion that the ante-nuptial agreement is invalid and unenforceable, we do not reach whether the agreement was substantively or procedurally unfair.
DECISION
Because the antenuptial agreement was not executed in accordance with statutory requirements, we find that the district court erred by holding that the antenuptial agreement is valid and enforceable. We therefore reverse and remand for a division of the parties’ property in accordance with Minnesota law.
Reversed and remanded.