Signing Requirements
Agreements must be in writing, signed by both parties, and either notarized or signed in the presence of a judicial officer.[1]
Laws
Validity: Married spouses may create contracts releasing their rights to marital property.[1]
Public Policy: Postnuptial agreements, in general, are not against public policy. However, when an agreement provides an economic inducement to leave the marriage, it is void as against public policy.[2]
Enforceability: Like any other contract, a postnuptial agreement is not enforceable if it is unconscionable or procured by duress, coercion, or fraud.[2]
Statute of Limitations: There is a three-year statute of limitations for claims that a postnuptial agreement resulted from fraud or mistake. The three-year period does not begin until the aggrieved party discovers the facts constituting the fraud or mistake.[3]