Signing Requirements
Both spouses must sign a postnuptial agreement.[1]
Laws
Separation Agreements: Agreements in contemplation of divorce settling issues of alimony, property division, child custody, child support, and visitation are not invalid.[2]
Validity: Three factors to consider in deciding the validity of a postnuptial agreement are:[3]
- Was the agreement obtained through fraud, duress, mistake, misrepresentation, or nondisclosure of material facts?
- Is the agreement unconscionable?
- Have the facts and circumstances changed since the agreement was executed to make its enforcement unfair and unreasonable?”