pjc-family-2024-lib
E NFORCEABILITY OF P ROPERTY A GREEMENTS
PJC 207.4
PJC 207.4 Enforceability of Agreement Concerning Income or Property Derived from Separate Property PJC 207.4A Enforceability of Agreement Concerning Income or Property Derived from Separate Property—Definition At any time, spouses may agree that the income or property arising from the separate property that is then owned by one of them, or that may thereafter be acquired, shall be the separate property of the owner. Such an agreement must be in writing and signed by both parties. PJC 207.4B Enforceability of Agreement Concerning Income or Property Derived from Separate Property— Voluntariness An agreement concerning income or property derived from separate prop erty is unenforceable if the party against whom enforcement is requested proves that he or she did not sign the agreement voluntarily. PJC 207.4C Enforceability of Agreement Concerning Income or Property Derived from Separate Property— Knowledge and Disclosure An agreement concerning income or property derived from separate prop erty is unenforceable if the party against whom enforcement is requested proves that, before execution of the agreement, that party— 1. was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; and 2. did not voluntarily and expressly waive, in writing, any right to dis closure of the property or financial obligations of the other party beyond the disclosure provided; and 3. did not have and reasonably could not have had adequate knowl edge of the property or financial obligations of the other party.
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