Contract: Postnuptial should be interpreted and enforced under general contract rules.

Scrutiny: Because of the confidential relationship between husband and wife, postnuptial agreements are subjected to scrutiny by the courts to ensure that they are fair and equitable.

Consideration: Consideration means some benefit received in exchange for making a promise, a requirement for a valid contract. With a postnuptial agreement, the marriage cannot act as sufficient consideration because past considerations cannot support a current promise. Therefore, there must be other considerations for both parties as part of a postnuptial agreement.