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If you are considering a postnuptial agreement in Illinois, understanding your options early can make a significant difference for your long-term financial and family planning. A postnuptial agreement is a legal document spouses enter after marriage to define property division, debt responsibility, and sometimes support arrangements. Illinois law requires clear disclosure and voluntary agreement for these contracts to hold up in court. This guide outlines what a postnuptial agreement can address, common scenarios where people use them, and practical steps to prepare. Call Frankfort Law Group at 708-766-7333 to discuss whether a postnuptial agreement fits your situation.
Postnuptial agreements are tailored to fit each couple’s circumstances and can range from narrowly focused documents to detailed financial plans. In Illinois, courts evaluate factors like fairness, full financial disclosure, and whether the agreement was entered without duress. A carefully drafted agreement can reduce uncertainty, protect individual and family assets, and provide clarity about responsibilities during a marriage. We recommend gathering financial records, thinking through future scenarios, and having open conversations with your spouse before drafting. Frankfort Law Group can help explain state-specific requirements and practical considerations so you can make informed choices about a postnuptial agreement.
A postnuptial agreement can bring certainty to a marriage by defining how assets and debts will be managed and divided if the relationship ends or circumstances change. They can protect inheritances, clarify business interests, and set expectations for financial responsibilities during marriage. In Illinois, an enforceable agreement reduces litigation and can shorten or simplify court proceedings if dissolution becomes necessary. For spouses with complex finances, significant disparities in income, or children from prior relationships, a postnuptial agreement provides a structured approach to protect individual and family interests while preserving marital stability and mutual trust.
Frankfort Law Group in Frankfort, Illinois, assists local families with postnuptial agreements and related family law matters. Our trial lawyers have helped clients navigate negotiation, document drafting, and court review when needed. We focus on clear communication, careful document drafting, and practical solutions that reflect each client’s goals and Illinois law. Whether you need a narrowly tailored agreement or a comprehensive financial plan, our team works to identify relevant assets, liabilities, and family priorities. We also coordinate with financial professionals when appropriate to ensure agreements are supported by accurate disclosures and realistic provisions.
A postnuptial agreement is a contract entered into by spouses after marriage to set terms for property division, debt allocation, and sometimes spousal support. Under Illinois law, courts examine agreements for voluntariness, adequate disclosure of assets and liabilities, and fairness at the time of enforcement. These agreements can preserve premarital property, protect business interests, and define financial responsibilities during the marriage. It is important that both parties receive clear explanations of rights and consequences and that there is time to consider the agreement. Proper drafting helps ensure predictability and legal validity if circumstances later change.
Before drafting a postnuptial agreement, spouses should inventory assets, debts, income sources, and potential future needs such as children’s education or retirement. Transparent disclosure is central to enforcing these agreements in Illinois courts. A balanced process includes negotiation, documentation of financial information, and time for each spouse to review terms independently. While agreements can streamline resolution of disputes, they must be tailored to the couple’s unique situation and comply with statutory and case law standards. Thoughtful planning reduces misunderstandings and supports a durable arrangement that reflects both parties’ intentions.
A postnuptial agreement is a written contract between spouses that addresses property division, allocation of debts, and sometimes spousal maintenance or business interests. It can define what remains separate property, how marital property will be divided, and procedures for resolving disputes. In Illinois, the agreement must be voluntary and supported by meaningful disclosure to be enforceable. Parties often use these agreements after marriage when circumstances change, such as starting a business, receiving an inheritance, or facing family transitions. Clear language and realistic provisions reduce ambiguity and increase the likelihood that a court will honor the couple’s intentions.
Common elements of a postnuptial agreement include a detailed asset and debt schedule, definitions of separate and marital property, provisions for income and expense responsibilities, and terms for potential spousal support. The process typically begins with financial disclosure, followed by negotiation of terms, drafting a written agreement, and final review before signing. Ensuring voluntariness and adequate time for consideration helps protect enforceability in Illinois. Some couples include dispute resolution mechanisms, such as mediation or arbitration clauses, to resolve disagreements without extensive litigation. Clear documentation and methodical steps create a defensible and practical agreement.
Understanding common terms helps spouses navigate a postnuptial agreement. Definitions like separate property, marital property, full disclosure, and maintenance impact how an agreement will operate. This glossary highlights terms you will encounter while drafting and negotiating an agreement in Illinois and explains how they influence rights and responsibilities. Clear definitions reduce misunderstandings and guide drafting choices. Reviewing these terms with your legal advisor ensures the agreement uses language that reflects your intentions and complies with state law.
Separate property refers to assets and debts that remain the individual property of one spouse and are not subject to division as marital property. Examples often include premarital assets, inheritances received by one spouse, gifts specifically designated to one spouse, and property excluded by written agreement. Properly documenting separate property and tracing its origin is important to preserve its status under Illinois law. A postnuptial agreement may confirm or clarify which assets are separate, helping prevent disputes and providing predictable outcomes if the marriage later ends.
Marital property generally includes assets and debts acquired during the marriage and subject to equitable division upon dissolution. Income earned by either spouse during marriage, jointly titled property, and assets purchased with marital funds typically qualify as marital property. Illinois courts apply equitable distribution principles, considering multiple factors to divide marital property fairly. A postnuptial agreement can specify how marital property should be treated, potentially limiting litigation by defining division rules in advance and clarifying expectations for both parties.
Full financial disclosure means providing accurate and complete information about assets, debts, income, and liabilities before signing a postnuptial agreement. Courts scrutinize disclosure to ensure that agreements were made knowingly and voluntarily. Failure to disclose material financial information may lead to a court invalidating the agreement. Documentation such as bank statements, tax returns, account ledgers, and business valuations supports transparency. Including a detailed schedule of assets and liabilities within the agreement improves enforceability and reduces the risk of later challenges.
Spousal maintenance, sometimes called alimony, refers to payments one spouse may make to the other after separation or divorce to address financial disparities. Postnuptial agreements may set terms for maintenance or waive future claims depending on the circumstances and voluntariness. Illinois law considers factors like duration of the marriage and individual needs when awarding maintenance. A well-drafted agreement that addresses maintenance clearly and documents informed decision-making can reduce uncertainty and streamline future proceedings if the marital relationship terminates.
When creating a postnuptial agreement, couples can choose a focused approach addressing a single issue or a comprehensive plan covering many financial and family topics. Limited agreements might target one matter, such as protecting a business or confirming separate property, while comprehensive agreements address property division, maintenance, inheritance, and dispute resolution procedures. Choosing between approaches depends on complexity of finances, goals for predictability, and the level of detail desired. A comprehensive agreement can reduce future disagreements but requires more time and disclosure. A focused agreement can be quicker but may leave issues unresolved.
A limited postnuptial agreement often suffices when the primary concern is protecting a business interest or defining the ownership and control of a company started before or during the marriage. In these cases, outlining how the business will be treated upon separation, clarifying compensation and distributions, and establishing buyout terms can prevent disputes down the road. Proper valuation and clear language about what constitutes business assets versus marital assets are important. A focused agreement streamlines negotiation while addressing the specific risk of business exposure in a later dissolution.
When a spouse receives a significant inheritance or a specific gift intended to remain separate, a limited agreement can confirm that such assets will not become marital property. This approach is useful when the parties want to protect family heirlooms, distributed inheritances, or designated gifts without addressing other marital financial matters. The agreement should identify the assets, document their source, and include provisions for traceability. This targeted approach reduces negotiation time and can preserve family intentions while leaving other financial issues to be handled separately if needed.
A comprehensive postnuptial agreement is often appropriate when couples have complex financial lives, blended family concerns, or long-term planning needs. This type of agreement can cover asset division, debt allocation, retirement planning, inheritance rights for children from prior relationships, and procedures for dispute resolution. By addressing multiple areas upfront, spouses can reduce ambiguity and establish a coordinated approach to financial planning over time. A thorough agreement helps align expectations and provides a clearer framework should circumstances change, making future decisions less contentious.
Comprehensive agreements aim to minimize the chance of prolonged litigation by anticipating potential disputes and resolving them in writing. They can include clauses for mediation or arbitration to resolve disagreements outside court, reducing stress and expense. For families with children or intertwined finances, a detailed agreement preserves predictability and can protect relationships by setting clear expectations. While drafting is more time-consuming, the long-term benefits include smoother transitions and clearer guidance for inheriting property or managing shared responsibilities in the event of separation or other life changes.
A comprehensive postnuptial agreement provides clarity about property division, debt responsibility, and future financial obligations, which can reduce uncertainty and conflict. By detailing how assets will be handled and including procedures for adjustments, couples can create a durable plan that addresses both expected and unexpected events. Comprehensive agreements also allow for inclusion of terms regarding business interests, retirement assets, and protections for children from prior relationships. The result is a cohesive document that aligns financial planning with family priorities and decreases the need for contested court proceedings later.
Detailed agreements also offer the opportunity to include practical mechanisms such as dispute resolution clauses and amendment procedures. These features make it easier to update the agreement over time and avoid unnecessary litigation. A comprehensive plan can improve financial transparency between spouses, encourage open communication about future goals, and provide a framework for cooperation. While this approach may require more initial time and documentation, the predictability and reduced risk of conflict often offset the upfront effort, offering peace of mind and clearer financial governance during the marriage.
One major advantage of a comprehensive agreement is predictability: spouses know in advance how assets and debts will be treated, which reduces surprises. Clear provisions about separate property, division rules, and potential support obligations help each person plan for the future. This clarity also facilitates financial planning, tax preparation, and estate planning because responsibilities and ownership interests are documented. Having these matters addressed in a single cohesive document supports smoother decision-making and can reduce conflict if the relationship later changes.
Comprehensive agreements often include dispute resolution mechanisms, such as mediation or arbitration provisions, which can resolve conflicts more quickly and with less expense than traditional litigation. By outlining procedures for resolving disagreements and setting expectations for negotiation, these agreements encourage cooperative problem solving. The presence of a written roadmap reduces ambiguity that commonly leads to disputes and helps courts enforce the parties’ documented intentions when necessary. This approach saves time, preserves resources, and can maintain better post-separation relations between former spouses.
Providing thorough and accurate financial disclosure is essential to create a durable postnuptial agreement. This begins with gathering bank and investment statements, tax returns, business records, mortgage and loan documents, and documentation of any gifts or inheritances. Transparent disclosure helps both spouses understand their financial picture and reduces the risk that a court will later set aside the agreement. Taking time to organize records and present them clearly also expedites negotiation and drafting, allowing the parties to focus on substantive choices rather than resolving uncertainties about asset ownership or valuation.
Including dispute resolution procedures, such as mediation or arbitration clauses, can help avoid lengthy court battles if disagreements arise. These alternatives encourage negotiation and can preserve privacy while providing a structured process to resolve disputes. When selecting such mechanisms, consider the scope of issues they will cover, the timelines for resolution, and the qualifications of neutrals. Well-crafted dispute resolution clauses provide predictability and can significantly reduce legal expenses while offering a fair path to settle differences without extensive litigation.
Couples pursue postnuptial agreements for many reasons, including protecting business interests, clarifying ownership of premarital assets, and creating predictable frameworks for asset division and support. Changes in financial circumstances, such as starting a business, receiving a significant inheritance, or taking on substantial debt, may prompt spouses to formalize arrangements. These agreements also provide tools to address blended family concerns and ensure that children from prior relationships receive intended inheritances. Taking proactive steps through a postnuptial agreement helps reduce uncertainty and provides a documented plan tailored to family needs.
A postnuptial agreement can also be useful when couples want to set expectations for financial responsibilities during marriage, outline contributions to joint goals, or define how retirement and investment accounts will be treated. It can protect one spouse from assuming shared liability for the other’s debts and set clear rules for division if the marriage ends. For couples seeking stability and clarity, the agreement provides a roadmap that can prevent misunderstandings and disputes, particularly when finances are complicated or long-term planning is a priority.
Several common circumstances often make a postnuptial agreement advisable, including when one spouse starts a business, receives a large inheritance, or there are children from a prior relationship requiring estate planning protections. It may also be appropriate when incomes diverge significantly, when one spouse brings substantial premarital assets into the marriage, or when couples want to define financial responsibilities during short-term separations. In each case, a written agreement can clarify intentions and set predictable terms for the future, minimizing uncertainty and potential conflict.
When a spouse becomes a business owner or partner during marriage, a postnuptial agreement can delineate what portion of the business will be considered separate property and how compensation and distributions will be handled. This prevents business assets from being unintentionally classified as marital property and helps protect creditors and investors. Clear terms about management rights, valuation methods, and buyout procedures are important to avoid future disputes. Documenting these arrangements helps both spouses understand financial exposure and preserves business stability if the marriage later changes.
A postnuptial agreement can confirm that an inheritance or family gift remains the separate property of the recipient spouse and outline how any commingling with marital assets will be handled. This can be especially important when those assets are intended to pass to children from a prior relationship. The agreement should include documentation of the inheritance, specify whether it will be kept separate, and describe how appreciation or income from those assets will be treated. Clear provisions help avoid disputes and ensure family intentions are honored.
When one spouse’s income increases substantially or when financial responsibilities shift due to career changes, relocation, or caregiving obligations, a postnuptial agreement can reestablish expectations for support, division of expenses, and asset management. Agreements can address temporary or permanent changes, protecting both parties’ interests and avoiding future misunderstandings. By documenting roles and obligations, couples create a framework to navigate financial transitions and maintain stability while adapting to new circumstances.
Frankfort Law Group provides practical guidance for couples considering postnuptial agreements in Illinois. From initial assessment and financial disclosure to negotiation and drafting, we assist clients in creating clear, enforceable documents that reflect their priorities. Our approach emphasizes communication, careful documentation, and compliance with state requirements so agreements hold up if later reviewed by a court. Contact our Frankfort office to schedule a consultation by phone at 708-766-7333 and learn how a postnuptial agreement could support your family’s goals and provide long-term clarity.
Frankfort Law Group helps local families navigate the legal and practical aspects of postnuptial agreements. Our team focuses on thorough preparation, realistic drafting, and clear communication with both spouses to reduce misunderstandings. We prepare detailed financial schedules, recommend appropriate valuation methods for businesses or complex assets, and explain how Illinois law affects enforceability. Clients appreciate our methodical approach that aims to produce enforceable agreements aligned with their goals and family priorities while offering responsive guidance throughout the process.
We assist clients with negotiation strategies that encourage constructive dialogue and work to identify options that balance protection with fairness. Where appropriate, we coordinate with accountants or valuation professionals to support accurate and transparent disclosure. Our team also prepares dispute resolution provisions and amendment procedures that make future adjustments manageable. This practical orientation reduces the need for contested litigation and focuses on outcomes that preserve relationships and financial stability whenever possible.
From initial consultation to final execution, Frankfort Law Group aims to make the process efficient and understandable. We provide plain-language explanations of legal implications and ensure documents reflect the parties’ intent and financial reality. Whether you require a targeted agreement or a comprehensive plan, we work to deliver a clear and documented solution tailored to your needs. Reach out to discuss your situation and learn how a postnuptial agreement can offer protection and clarity for your family.
Our process begins with a thorough intake to understand financial circumstances and objectives, followed by collection of financial records and asset documentation. We then outline potential terms and strategies for negotiation. After both parties have had an opportunity to review proposed terms, we draft a formal agreement and suggest independent review and adequate time for consideration to support voluntariness. Finally, we execute the document with signatures and notarization when appropriate. This step-by-step approach supports clarity, reduces the chance of future challenges, and aligns the agreement with Illinois legal standards.
The first step is an initial meeting to identify priorities and collect relevant financial documents. We discuss goals, review asset and debt lists, and explain state-specific requirements for enforceability. This session helps determine whether a limited or comprehensive agreement is appropriate and identifies potential legal and financial issues that should be addressed. Clear documentation at this stage speeds drafting and ensures terms reflect accurate information, while allowing time to resolve any preliminary questions before moving to negotiation and drafting.
Collecting financial documentation is an early priority and typically includes bank and investment statements, retirement account information, tax returns, business records, mortgages, and records of inheritances or gifts. Accurate records support meaningful disclosure and help determine asset classification. Providing organized documentation allows the drafting process to proceed efficiently and reduces the chance that missing information will later compromise the agreement. Clear financial schedules incorporated into the agreement strengthen its credibility and enforceability.
During the initial stage we help clients clarify goals such as protecting a business, preserving inheritances, setting maintenance provisions, or defining support responsibilities. Identifying priorities early shapes negotiation strategy and informs the scope of the agreement. This step also helps determine whether additional professionals, such as accountants or appraisers, should be involved. Clear goals reduce friction and guide drafting toward practical and enforceable terms that reflect both parties’ intentions.
Once financial information and objectives are clear, we move to negotiating the agreement’s key terms and drafting the document. Negotiation can be collaborative or mediated, depending on the parties’ preferences. Drafting focuses on precise language to describe asset classification, division rules, and dispute resolution processes. We ensure the contract includes full disclosure references, representation acknowledgments, and timelines to support voluntary signing. Careful drafting reduces ambiguity and increases the likelihood the agreement will be upheld if challenged in court.
Negotiation may occur directly between spouses or with the assistance of neutral mediation to facilitate constructive discussion. Mediation encourages cooperation and can produce agreements that both parties accept with less conflict. During negotiation, we outline alternatives and propose compromise solutions to balance protections and fairness. Choosing an appropriate negotiation method helps preserve relationships and streamlines the drafting process while addressing sensitive financial and family concerns in a controlled setting.
Drafting focuses on unambiguous language that clearly identifies assets, defines terms like separate and marital property, and sets procedures for valuation and division. We incorporate disclosure schedules and consider including amendment procedures and dispute resolution clauses. Precision in drafting reduces uncertainty and supports enforceability under Illinois standards. The aim is a document that reflects parties’ intentions, provides workable solutions for potential future issues, and stands up to legal scrutiny if enforcement becomes necessary.
After drafting, both spouses should have adequate time to review the agreement and seek independent advice if they choose. Execution typically involves signing, witness or notary steps as appropriate, and preserving detailed financial schedules. We recommend keeping originals and certified copies with secure recordkeeping and notifying relevant financial institutions when necessary. Maintaining clear records of the agreement and supporting disclosures helps ensure its terms are readily available and defensible in the event of future disputes or enforcement needs.
Allowing sufficient time for review and encouraging independent consultation promotes voluntary, informed agreements. Courts may consider rushed or coerced signings as grounds to challenge enforceability. Providing realistic timelines and documenting voluntary consent supports the durability of the agreement. Advising clients to avoid signing under pressure and to confirm their understanding of terms reduces future risk and enhances the likelihood that the agreement will be upheld under Illinois law.
After execution, store original documents securely and maintain copies with your estate planning or financial records. Agreements should include amendment procedures to address future changes in circumstances, such as major financial shifts or family changes. Following the agreed amendment process ensures modifications remain enforceable. Keeping documentation of disclosures and communications helps maintain a reliable record and supports the agreement’s long-term effectiveness.
At the Frankfort Law Group, we take great pride in our commitment to personal service. Clients come to us because they have problems, and they depend upon us to help them find solutions. We take these obligations seriously. When you meet with us, we know that you are only doing so because you need help. Since we started our firm in northeast Illinois, we have focused on providing each of our clients with personal attention. You do not have to be afraid to tell us your story. We are not here to judge you or make you feel ashamed for seeking help. Our only goal is to help you get results and move past your current legal problems.
At the Frankfort Law Group, we take great pride in our commitment to personal service. Clients come to us because they have problems, and they depend upon us to help them find solutions. We take these obligations seriously. When you meet with us, we know that you are only doing so because you need help. Since we started our firm in northeast Illinois, we have focused on providing each of our clients with personal attention. You do not have to be afraid to tell us your story. We are not here to judge you or make you feel ashamed for seeking help. Our only goal is to help you get results and move past your current legal problems.
Prenuptial agreements are entered into before marriage and typically set expectations for property division, debt responsibility, and sometimes support in the event of divorce. Postnuptial agreements are entered into after marriage and serve similar functions but are negotiated when the couple is already married. Both types of agreements must meet legal standards for voluntariness and disclosure to be enforceable in Illinois. The timing affects negotiation dynamics and may influence how courts view pressures or circumstances surrounding the agreement.Whether to use a prenuptial or postnuptial approach depends on when issues arise and the couple’s goals. A prenuptial agreement can avoid future disputes by setting terms before marriage, while a postnuptial agreement can address changed circumstances that develop after marriage. Both require careful documentation of financial information and clear, voluntary assent from both parties to improve enforceability.
Yes, postnuptial agreements can be enforceable in Illinois if they meet standards for voluntary agreement and adequate disclosure. Courts review whether the agreement was entered freely, whether one spouse had sufficient time to consider terms, and whether relevant financial information was disclosed. If these elements are present and terms are not unconscionably unfair, a court is more likely to uphold the agreement.However, each case depends on its facts. Agreements that result from fraud, coercion, or inadequate disclosure can be set aside. Drafting clear language, documenting disclosure, and allowing time for consideration reduce the risk of later challenges and increase the likelihood the agreement will be enforced.
Material financial disclosure includes accurate information about assets, debts, income, business interests, retirement accounts, and any expected inheritances. Documentation such as bank statements, tax returns, mortgage records, and business valuations supports transparency. Illinois courts consider whether each spouse had the information necessary to make an informed decision at the time of signing.Providing detailed schedules within the agreement and keeping supporting records helps establish that disclosure was meaningful. Incomplete or misleading disclosure can be grounds for a court to invalidate an agreement, so prioritizing clear and complete documentation at the outset is important for enforceability.
Postnuptial agreements cannot lawfully determine child custody or child support in ways that would negatively affect the child’s best interests as determined by the court. Courts prioritize the welfare of children and will not enforce terms that waive or pre-determine child support in a manner inconsistent with statutory protections. Provisions that attempt to circumvent child support obligations are typically unenforceable.Parties may include general understandings about parenting responsibilities or education funding, but any terms affecting custody or support should be drafted carefully and not relied upon as binding if they conflict with a court’s duty to protect children’s interests. Consulting on how to address family-related concerns without undermining statutory protections is advisable.
The timeline for creating a postnuptial agreement varies based on complexity, financial disclosure needs, and the parties’ willingness to negotiate. A straightforward, limited agreement might be completed in a few weeks with cooperation, while a comprehensive agreement involving business valuations, retirement assets, and multiple assets may take several months. Timelines expand when third-party valuations or financial analyses are required.Allowing sufficient time for review and consideration is important for voluntariness and enforceability. Rushed signings or agreements executed under pressure are more vulnerable to challenge, so building in reasonable timeframes for each party to understand and consider terms benefits the long-term durability of the agreement.
Yes, a postnuptial agreement can protect a family business by specifying what portion of the business is separate property, how distributions are handled, and procedures for valuation and buyouts. Clear provisions reduce the chance that business assets will be treated as marital property and provide a framework for continuity if personal relationships change. Including detailed valuation methods and tracing rules helps preserve business interests and reassure partners or investors.Proper documentation of ownership interests and business records strengthens protection. When significant business interests are involved, coordinating with accountants or valuation professionals supports accurate disclosure and defensible valuation methods, which in turn increases the likelihood that business protections in the agreement will be respected by a court.
If one spouse fails to disclose relevant assets or liabilities, the agreement may be subject to challenge and potential invalidation by a court. Courts examine whether nondisclosure was material to the decision to sign the agreement and whether the other spouse would have acted differently with accurate information. Intentional concealment can undermine enforceability and lead to equitable remedies in the dissolution process.To reduce this risk, include detailed schedules of assets and debts within the agreement and keep supporting documentation. Encouraging thorough disclosure and maintaining records helps demonstrate that both parties negotiated from an informed basis and protects the agreement from later successful challenges.
Independent legal review is strongly recommended because it helps ensure each party understands the implications of the agreement and makes informed choices before signing. Independent review also supports voluntariness if a later court examines whether either spouse had adequate opportunity and advice. While not always required, independent review reduces the risk of claims that a spouse signed under misinformation or pressure.When both spouses have had the chance to consult with a legal advisor, the agreement’s credibility and defensibility increase. This process does not require adversarial behavior; rather, it fosters clarity and helps each person make deliberate, documented decisions about long-term financial arrangements.
Yes, a postnuptial agreement can be amended or revoked after it is signed if both parties agree to the changes and follow proper formalities for modifying contracts. Amendments should be documented in writing, signed by both spouses, and ideally include updated financial disclosure when material changes occur. Including amendment procedures in the original agreement simplifies future updates and preserves enforceability.If circumstances change significantly, such as major financial events or family composition shifts, revisiting the agreement with documented consent and clear procedures helps maintain relevance and effectiveness. Formal, written amendments provide a reliable record that courts can consider if disputes arise later.
Courts evaluate fairness by examining whether the agreement was entered voluntarily, whether there was meaningful disclosure of financial information, and whether terms are unconscionably one-sided at the time of enforcement. Illinois courts consider the circumstances surrounding execution, including timing, pressure, and whether the agreement reflects informed assent. An agreement that was negotiated transparently and with awareness of each spouse’s financial situation is more likely to be upheld.Evidence of complete disclosures, reasonable time for review, and documentation of consent strengthens a court’s willingness to respect the parties’ arrangement. While courts may not rewrite agreements, they have authority to set aside provisions that are fundamentally unfair or obtained through coercion or fraud.