Signing Requirements
Both spouses must sign the agreement.[1]
Burden of Proof
The party seeking to enforce the agreement has the burden of showing that the consideration was adequate, meaning that the parties gave up something in return for whatever benefit the agreement provided. This party also has the burden of showing either:
- That the entire transaction was fair, just, and equitable from the other party’s point of view, or;
- That both spouses entered into the agreement with competent, independent advice and complete knowledge of the other spouse’s properties and their approximate values.