To be considered valid, postnuptial agreements must be in writing. There is no such thing as an oral postnuptial agreement in any U.S. state.
The agreement must also be entered into voluntarily by both of the parties to the contract, with full and fair disclosure at the time it is signed.
Postnuptial agreements must also not be unconscionable. This means that the terms of the agreement cannot be unfairly one-sided in favor of the spouse who has greater bargaining power in the transaction.
Finally, both spouses must sign the postnuptial agreement in the presence of a notary public.
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