It must be in writing and signed in the presence of two witnesses and a notary public or other authorized person. Each party should be represented by an attorney. The contract may determine what rights each spouse has to non-marital property upon dissolution of marriage, legal separation or death. The antenuptial contract may determine rights to marital property as well. Postnuptial Contracts Spouses may enter into a postnuptial contract which will be valid and enforceable if it conforms to the requirements in the law.
Postnuptial contracts have requirements similar to antenuptial contracts.
All property owned by a woman at the time of her marriage continues to be her separate property. During a marriage a woman may acquire property free from control of her husband and from any liability of his debts. However, it is important to note that for purposes of marriage dissolutions, property acquired by either spouse during marriage, except that received by gift or inheritance, is presumed to be marital property, regardless of how title is held. Marital property is subject to division upon dissolution of marriage. A spouse may transfer real estate he or she owns, except the homestead, subject to the rights of the other spouse.