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There is a significant income disparity between the parties ? If there is a significant income disparity in a marriage, the lower-earning spouse may find that a postnuptial agreement's provisions would not adequately provide for them in the event of a divorce or separation.
Requirements for a Valid Postnuptial Agreement First, neither party must have been forced or coerced into signing the agreement; both parties must sign of their own free will.
Requirements for a Valid Postnuptial Agreement First, neither party must have been forced or coerced into signing the agreement; both parties must sign of their own free will. Second, the agreement must be in writing, have the signatures of both parties and be notarized.
There are three basic requirements for a valid postnuptial agreement. First, the agreement must be in writing. Both spouses must have their own attorney guiding them. Finally, the agreement should be notarized.
In writing: A valid Postnuptial Agreement must be signed by both parties, and state laws often require the agreement be witnessed. Both parties signed voluntarily: A Postnuptial Agreement will be considered void if there is evidence of coercion.