25-202.01. Enforcement of postnuptial agreements; exception

A. A postnuptial agreement must be in writing and signed by both parties.

B. The postnuptial agreement becomes effective on execution by both parties.

C. The postnuptial agreement is not enforceable if the person against whom enforcement is sought proves one or more of the following:

1. The postnuptial agreement is not free from any taint of fraud, coercion or undue influence.

2. The person did not act with full knowledge of the property involved and the person's rights in the postnuptial agreement.

3. The postnuptial agreement is not fair and equitable.

4. The postnuptial agreement does not reflect a mutual intent to divide or delineate one or both spouses' property interests.

D. The burden is on the party seeking to challenge the postnuptial agreement to prove by clear and convincing evidence that the postnuptial agreement is not enforceable.