Validity: In determining whether a postnuptial agreement is invalid, courts may look at the terms of the agreement to see if there is overreaching.^[2]

Enforceability: An agreement between spouses that is fair on its face will be enforced according to its terms unless there is proof of unconscionability, fraud, duress, overreaching, or other inequitable conduct.^[3]

Scrutiny: Given the fiduciary relationship between spouses, the courts have more closely scrutinized postnuptial agreements than ordinary contracts.^[1]
Burden of Proof: A spouse seeking to set aside a postnuptial agreement is initially responsible for establishing inequality. When this initial burden is satisfied, a proponent of a postnuptial agreement must disprove fraud or overreaching.^[2]