What Is Required To Make Such Agreements Enforceable?

For any such agreement to be valid and enforceable by the court, it must be shown:

  • the parties knew their rights under the law;
  • the parties both entered into the agreement voluntarily and without coercion;
  • each party was sufficiently aware of the assets and income of the other party and disclosure required by law had been made or waived in reasonable circumstances;
  • each party had independent legal advice or had waived that right. The absence of any of the above might render any agreement wholly or partially invalid.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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