Postnuptial Agreement review
Postnuptial agreement under state postnup law (varies sharply). Execution formalities cannot be verified from text alone.
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- + 106 general checks
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What it checks
Parties + during-marriage recital
Postnup should identify the spouses and recite the agreement is made during the marriage.
Critical · EST-046
Consideration recital
Postnup should recite consideration (mutual promises, continuation of marriage) — separate from the marriage itself.
Warning · EST-047
Heightened fiduciary disclosure
Postnup must include full financial disclosure — heightened standard given spouses' fiduciary duties.
Critical · EST-048
Property characterization + transmutation
Postnup must address transmutation of property and characterization of community / separate / marital property.
Critical · EST-049
Spousal support / waiver
Postnup should address spousal support — waiver, formula, or state-default.
Warning · EST-050
Independent counsel + voluntary execution
Postnup should recite each party had independent counsel and executed voluntarily.
Critical · EST-051
Execution — signatures + notarial acknowledgment
Postnup must be in a record signed by both parties; check state law for any added formalities.
Critical · EST-052
Execution formalities cannot be verified from text alone
States on every trust, estate and family-law analysis that execution formalities (witnesses, notary, holographic and other state-specific requirements) cannot be verified from the document's text.
Note · EST-060
Every run also applies 106 general checks that belong to any agreement: structure, parties and signatures, defined terms, cross-references, dates, amounts, and one-sided terms.
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