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Page 4 of 15 |
What are the key elements necessary for a valid agreement? |
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Laws in each state governing these agreements vary. Generally, the agreement must:
(1) be in writing,
(2) be signed by both spouses,
(3) have been accompanied by sufficient disclosure of all the assets, income and debt of each spouse,
(4) have allowed the parties ample opportunity to consider its contents, and obtain separate legal advice, before signing,
(5) be free from fraud, duress, and
(6) entered into freely and voluntarily. |
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