Signing Requirements
Both spouses must sign. Postnuptial agreements have the same formation criteria as is found in the general law of contracts.[1]
Laws
Scrutiny: Postnuptial agreements are presumed to be valid but scrutinized more closely than contracts unrelated to marriage.
Fairness: Because of the fiduciary nature of the marital relationship, the parties in a postnuptial agreement must exercise the highest degree of good faith, candor, and sincerity, with fairness being the ultimate measure of the agreement.
Enforceability: The party arguing not to enforce a postnuptial agreement must prove:
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- The agreement was obtained through fraud, duress, mistake, misrepresentation, or nondisclosure of a material fact;
- The agreement is unconscionable; or
- The facts and circumstances have changed since the agreement was executed to make the agreement unenforceable.