Signing Requirements
An agreement made upon consideration of marriage, other than a mutual promise to marry, must be in writing and signed by both parties.[1]
Laws
Scrutiny: Postnuptial agreements are subjected to scrutiny because of the confidential relationship between husband and wife.[2]
Validity: Postnuptial agreements apply in cases of divorce or death and will be upheld so long as
- There was adequate disclosure of the parties’ assets
- The agreement was entered into freely
- There was adequate consideration, meaning something was received in return for agreeing.[2]