Both spouses must sign the agreement.^[1]

Mid-marriage agreements: Mid-marriage agreements are generally unenforceable because they are inherently coercive and carefully reviewed because they are pregnant with the opportunity for one party to use the threat of dissolution to bargain themselves into positions of advantage.^[2]

Unconscionability: Any mid-marriage agreement may be set aside if it is found unconscionable or the product of fraud or overreaching, mainly where it exploits the confidential relationship between spouses.^[2]

Property Settlement Agreement: Property settlement agreements are generally enforceable so long as they are fair and equitable, assuming the parties stand in adversarial positions and negotiate in their self-interest.^[2]