Signing Requirements
Agreements should be in writing and signed by both parties.[1]
Laws
Creation: A postnuptial agreement is created when the parties execute an agreement after marriage, even if the agreement is negotiated and drafted before marriage.[2]Separation Agreement: A postnuptial agreement must be distinguished from a separation agreement entered into by parties in anticipation of immediate separation or after separation.[2]
Encouraging Divorce: Unreasonable agreements encouraging divorce or contemplating separation in the future are void as against public policy.[2]
Adequate Consideration: Unlike a prenuptial agreement, the marriage itself cannot provide sufficient consideration in a postnuptial agreement, as the union has already occurred. Instead, there must be an exchange of other identifiable considerations.[1]