Signing Requirements
Both parties must sign the agreement.[1]
Laws
Marital Property: Property excluded by a valid agreement of the parties, including a postnuptial agreement, is considered “non-marital property.”[2]
Adequate Consideration: Marriage itself is sufficient consideration for a valid postnuptial agreement:[3]
Duress: Duress may be enough to render an agreement between spouses unconscionable. Duress includes
- Oppression
- Undue influence, or
- Taking undue advantage to the point where another cannot exercise free will.
Evidence of duress must be clear and convincing before a court may set aside a postnuptial agreement.[1]