The agreement must be signed by both parties or by the parties’ counsel acting on their behalf. The terms may be stated orally in the presence of a judge, commissioner, or certified court reporter. The parties may also create an audio recording in the presence of a court-appointed mediator or settlement officer.^[1]

Burden: An agreement that meets the above requirements is presumed valid, and a party who challenges the validity of an agreement has the responsibility to prove any defect in the agreement.^[1]

Enforceability: Married couples can prospectively divide their property, but the agreement must be free from fraud, coercion, or undue influence. The parties must have full knowledge of the property involved and their respective rights to it. And the settlement that results must be fair and equitable.^[2]