Signing Requirements
Settlement agreements must be in writing but do not have to be signed by both parties.[1] Reconciliation agreements should be in writing, but it is unclear whether both parties must sign them.
Laws
Reconciliation v. separation: An agreement would qualify as a reconciliation agreement if executed to preserve and extend a marriage instead of negotiating the end of a marriage.[2]
Validity: To promote the amicable settlements of disputes that have arisen or may arise between the parties to a marriage attendant upon the dissolution of their marriage, the parties may agree in writing to provisions for:[3]
Validity: To promote the amicable settlements of disputes that have arisen or may arise between the parties to a marriage attendant upon the dissolution of their marriage, the parties may agree in writing to provisions for:[3]
(1) the maintenance of either of the parties;
(2) the disposition of any property owned by either or both of the parties;
(3) the custody and support of the children of the parties; and
(4) the relocation of the children of the parties.
Enforceability: Reconciliation agreements are binding so long as they are entered into freely and without fraud, duress, or misrepresentation, and are not, under the circumstances, unconscionable.[4]