Incomplete signatures, certificates, or incorporated documents

Questions for the document

What to ask before drawing a conclusion

• What components does the agreement say exist?
• Which copy is closest to the executed original?
• Do certificates and audit logs match the final text?
• What later instruments may change the baseline?

Outside evidence

What the agreement cannot prove alone

• All copies and originals
• Platform, notary, witness, and custody records
• Counsel closing files
• Amendments, revocations, deeds, and restatements

Alabama

• Ala. Code § 8-9-2(4) · An agreement, promise, or undertaking made upon consideration of marriage, other than mutual promises to marry, is void unless a writing or memorandum expresses the consideration and is subscribed by the party to be charged or an authorized person.
• Hollar v. Hollar, CL-2022-1230 (Ala. Civ. App. Nov. 9, 2023) · Hollar applies the Barnhill standard to both prenuptial and postnuptial agreements; a claimed later change must be classified and reviewed as an amendment, postnuptial bargain, or other interspousal contract under applicable formalities and confidential-relation rules.

Alaska

• Alaska Stat. § 09.25.010(a)(5) · An agreement made upon consideration of marriage, other than mutual promises to marry, is unenforceable against the party charged unless the agreement or a note or memorandum is written and subscribed by that party or an authorized agent.
• Alaska Stat. § 34.77.090(a)–(b) · The separate Community Property Act instrument must be in a written document signed by both spouses, classify some or all property as community property, and begin with the statute's capital-letter warning; it is enforceable without consideration.

Arizona

• A.R.S. § 25-202(A) · An Arizona premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
• A.R.S. § 25-204 · After marriage, an Arizona premarital agreement may be amended or revoked only by a written agreement signed by the parties.

Arkansas

• Ark. Code Ann. § 9-11-402; 2017 Ark. Acts 654 · An agreement must be written, signed, and acknowledged by both parties; the 2017 amendment supplies four alternative acknowledgment methods.
• Ark. Code Ann. § 9-11-405 · After marriage, amendment or revocation requires a written agreement signed by both parties.

California

• Cal. Fam. Code § 1611 · A premarital agreement must be written and signed by both parties.
• Cal. Fam. Code § 1614 · After marriage, amendment or revocation requires a written agreement signed by the parties.

Colorado

• C.R.S. § 14-2-306 · An agreement must be in a record and signed by both parties and is enforceable without consideration.
• In re Marriage of Zander, 2021 CO 12, 480 P.3d 676 · Zander held the predecessor Act's writing-and-signature rule controlled and partial performance did not validate an oral agreement.

Connecticut

• Conn. Gen. Stat. § 46b-36c · A Connecticut premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
• Conn. Gen. Stat. § 46b-36f · After marriage, a Connecticut premarital agreement may be amended or revoked only by a written agreement signed by the parties.

Delaware

• 13 Del. C. § 322 · A Delaware premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
• 13 Del. C. § 325 · After marriage, a Delaware premarital agreement may be amended or revoked only by a written agreement signed by the parties.

Florida

• Fla. Stat. § 61.079(3) · A premarital agreement must be written and signed by both parties.
• Fla. Stat. § 61.079(6) · After marriage, amendment, revocation, or abandonment requires a written agreement signed by the parties.

Georgia

• O.C.G.A. § 19-3-62 · For agreements governed by the current statute, an antenuptial agreement must be in writing, signed by both parties, and attested by at least two witnesses, one of whom must be a notary public.
• O.C.G.A. § 19-3-62 · One of the at least two attesting witnesses required for a current Georgia antenuptial agreement must be a notary public.

Hawaii

• Haw. Rev. Stat. § 572D-2 · A Hawaii premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
• Haw. Rev. Stat. § 572D-5 · After marriage, amendment or revocation requires a written agreement signed by the parties and is enforceable without consideration.

Idaho

• Idaho Code §§ 32-917, 32-922 · An Idaho premarital agreement must be written and signed by both parties, is enforceable without consideration, and must also be executed and acknowledged or proved in the manner required for land conveyances.
• Idaho Code §§ 32-918–919 · When a marriage-settlement contract grants or affects real estate, Idaho requires recording in each county where that real estate is situated; a qualifying signed and acknowledged summary may be recorded, and recording or nonrecording has the same effect as for a real-property conveyance.

Illinois

• 750 ILCS 10/3 · A premarital agreement must be written and signed by both parties.
• 750 ILCS 10/6 · After marriage, amendment or revocation requires a written agreement signed by the parties.

Indiana

• Ind. Code § 31-11-3-4 · An Indiana premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
• Ind. Code § 31-11-3-7 · After marriage, amendment or revocation requires a written agreement signed by both parties and is enforceable without consideration.

Iowa

• Iowa Code § 596.4 (2026) · An Iowa premarital agreement must be in writing and signed by both prospective spouses and is enforceable without consideration other than marriage.
• Iowa Code § 596.7 (2026) · After marriage, an Iowa premarital agreement may be revoked by a writing signed by both spouses, or without the other spouse's consent upon proof of a listed voluntariness, unconscionability, or disclosure ground.

Kansas

• K.S.A. § 23-2403 · A Kansas premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
• K.S.A. § 23-2406 · After marriage, amendment or revocation requires a written agreement signed by both parties and is enforceable without consideration.

Kentucky

• Ky. Rev. Stat. § 371.010(5) · An agreement made in consideration of marriage, other than mutual promises to marry, must be in writing and signed by the party to be charged or that party's authorized agent to support an action.
• Gentry v. Gentry, 798 S.W.2d 928 (Ky. 1990); Ky. Rev. Stat. §§ 371.010, 403.180 · Kentucky has no UPAA-style general amendment-and-revocation section for prenups; a claimed later change must be classified under the agreement, statute of frauds, contract law, or the distinct separation-agreement statute.

Louisiana

• La. Civ. Code art. 2331 · A matrimonial agreement made before or during marriage must be an authentic act or an act under private signature duly acknowledged by the spouses.
• La. Civ. Code art. 1833 · An authentic act requires execution before an authorized notary or officer in the presence of two witnesses and signatures by each executing party, each witness, and each notary, subject to the article's separate-execution rules.

Maine

• 19-A M.R.S. § 603 (2025) · A Maine premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
• 19-A M.R.S. § 607 (2025) · After marriage, amendment or revocation requires a written agreement signed by both parties and is enforceable without consideration.

Maryland

• Cannon v. Cannon, 384 Md. 537, 865 A.2d 563 (2005) · Maryland has no comprehensive UPAA-style execution statute; Cannon reviewed a signed and notarized written agreement but did not create a universal statutory witness, notary, or waiting-period safe harbor.
• Cannon v. Cannon, 384 Md. 537, 865 A.2d 563 (2005); Md. Code, Fam. Law § 8-101 · Maryland has no UPAA-style general amendment-and-revocation section; a claimed later change must be proved under the agreement's text, objective contract law, and any remedy- or transaction-specific statute.

Massachusetts

• Mass. Gen. Laws ch. 209, § 25 · Before marriage, parties may make a written contract concerning property or rights of action held when marriage occurs; its limitations take effect upon marriage as if in a deed.
• DeMatteo v. DeMatteo, 436 Mass. 18 (2002); Mass. Gen. Laws ch. 209, §§ 25–26 · Massachusetts has no UPAA-style general amendment section; a claimed change must satisfy the agreement, contract doctrine, and transaction-specific writing, deed, probate, or recording rules.

Michigan

• MCL 566.132(1)(c) · An agreement upon consideration of marriage, except mutual promises to marry, is void unless written and signed by the party against whom enforcement is sought.
• Reed v. Reed, 265 Mich. App. 131 (2005); MCL 566.132 · Michigan has no enacted UPAA-style amendment section; a claimed change must satisfy the agreement, writing rules, contract doctrine, and postnuptial or transaction-specific law.

Minnesota

• Minn. Stat. § 519.11, subd. 1b(b)(3) · A covered antenuptial agreement must be written, executed before two witnesses, and acknowledged by both parties before a person authorized to administer an oath.
• Minn. Stat. § 519.11, subds. 1(d), 1b(b)(3) · Duly acknowledged and attested agreements provide prima facie proof of acknowledged matters, while current execution independently requires two witnesses and acknowledgment.

Mississippi

• Miss. Code § 15-3-1(b) · An agreement made upon consideration of marriage, except mutual promises to marry, must be evidenced by a writing signed by the party to be charged.
• Hatton v. Hatton, 323 So. 3d 557 (Miss. Ct. App. 2021); Miss. Code § 15-3-1 · Mississippi has no enacted uniform-act amendment section; a claimed change must satisfy the agreement, contract law, the statute of frauds, and transaction-specific requirements.

Missouri

• Mo. Rev. Stat. § 451.220 · A marriage contract affecting an estate must be in writing and acknowledged or proved in the manner Missouri law specifies.
• Mo. Rev. Stat. § 432.010 · An agreement made upon consideration of marriage, other than mutual promises to marry, must be written and signed by the party to be charged.

Montana

• Mont. Code Ann. § 40-2-604 · A Montana premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
• Mont. Code Ann. § 40-2-607 · After marriage, amendment or revocation requires a written agreement signed by both parties and is enforceable without consideration.

Nebraska

• Neb. Rev. Stat. § 42-1003 · A Nebraska premarital agreement must be in writing and signed by both parties.
• Neb. Rev. Stat. §§ 42-1001–1011 · Nebraska's codified 11-section Uniform Premarital Agreement Act contains no standalone amendment-or-revocation section, so the product does not infer the omitted model-act rule.

Nevada

• NRS 123A.040 · A Nevada premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
• NRS 123A.070 · After marriage, amendment or revocation requires a written agreement signed by the parties and is enforceable without consideration.

New Hampshire

• N.H. Rev. Stat. Ann. § 460:2-a · Two people in contemplation of marriage may enter a written interspousal contract under section 460:2-a.
• In the Matter of Serodio & Perkins, 172 N.H. 340 (2014) · A lost or destroyed written premarital agreement may be proved with secondary evidence after satisfactory proof of loss or destruction and of its contents.

New Jersey

• N.J. Stat. § 37:2-33 · A New Jersey premarital or pre-civil-union agreement must be in writing, have a statement of assets annexed, and be signed by both parties; it is enforceable without consideration.
• N.J. Stat. § 37:2-37 · After marriage or civil union, amendment or revocation requires a written agreement signed by both parties and is enforceable without consideration.

New Mexico

• N.M. Stat. § 40-3A-3 · A New Mexico premarital agreement must be in writing, signed by both parties, and acknowledged; it is enforceable without consideration.
• N.M. Stat. § 40-3A-3 · New Mexico adds acknowledgment to the writing and signature formalities, so the execution file should preserve the notarial or other legally sufficient acknowledgment evidence.

New York

• N.Y. Dom. Rel. Law § 236(B)(3) · An agreement made before or during marriage must be written, subscribed, and acknowledged or proven in the manner required for a deed to be recorded.

North Carolina

• N.C. Gen. Stat. § 52B-3 · A North Carolina premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
• N.C. Gen. Stat. § 52B-6 · After marriage, amendment or revocation requires a written agreement signed by the parties and is enforceable without consideration.

North Dakota

• N.D.C.C. § 14-03.2-05 · A North Dakota premarital or marital agreement must be in a record and signed by both parties and is enforceable without consideration.
• N.D.C.C. § 14-03.2-01(1)–(2), (5) · North Dakota treats modification or revocation as an amendment and classifies an amendment signed before marriage with premarital agreements and one signed after marriage with marital agreements.

Ohio

• Ohio Rev. Code § 1335.05 · An agreement made upon consideration of marriage, other than mutual promises to marry, must be in writing and signed by the party to be charged.
• Ohio Rev. Code § 3103.06(A)(2), (B) · Spouses may modify or terminate an antenuptial or postnuptial agreement if the new agreement complies with section 3103.061.

Oklahoma

• Okla. Stat. tit. 43, § 121(B) · Oklahoma's equitable-property division is expressly subject to a valid antenuptial contract in writing.
• Hendrick v. Hendrick, 976 P.2d 1071 (Okla. Civ. App. 1999) · Hendrick holds that a postmarital instrument labeled an amendment is postnuptial in substance and is not the valid written antenuptial contract section 121 recognizes for contingent divorce or death rights.

Oregon

• ORS 108.705 · An Oregon premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
• ORS 108.720 · After marriage, amendment or revocation requires a written agreement signed by the parties and is enforceable without consideration.

Pennsylvania

• 23 Pa.C.S. § 3106(a)(2)(ii), (b) · Section 3106 defines a premarital agreement and requires an express waiver of additional financial disclosure to be in writing, but it does not state a comprehensive writing-and-signature formality for the agreement itself.

Rhode Island

• R.I. Gen. Laws § 15-17-2 · A premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
• R.I. Gen. Laws § 15-17-5 · After marriage, amendment or revocation requires a written agreement signed by both parties and is enforceable without consideration.

South Carolina

• S.C. Code Ann. § 20-3-630(A)(4) · Property excluded by a written contract is nonmarital property, and the statute expressly includes antenuptial agreements.
• S.C. Code Ann. § 20-3-630(A)(4); Hardee v. Hardee, 355 S.C. 382, 585 S.E.2d 501 (2003) · South Carolina has no uniform-act amendment section; any change requires proof under the instrument and current contract and marital-property law.

South Dakota

• S.D. Codified Laws § 25-2-17 · A South Dakota premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
• S.D. Codified Laws § 25-2-20 · After marriage, amendment or revocation requires a written agreement signed by the parties and is enforceable without consideration.

Tennessee

• Tenn. Code Ann. § 29-2-101(a)(3), (c) · An action on an agreement made upon consideration of marriage generally requires a writing or record signed by the party to be charged.
• Tenn. Code Ann. §§ 29-2-101, 36-3-501 · Tennessee has no uniform-act amendment section; a claimed change invokes the instrument, statute of frauds, contract law, and postnuptial doctrine.

Texas

• Tex. Fam. Code § 4.002 · A premarital agreement must be written and signed by both parties.
• Tex. Fam. Code § 4.005 · After marriage, amendment or revocation requires a written agreement signed by the parties.

Utah

• Utah Code § 81-3-202 · A Utah premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
• Utah Code § 81-3-204(2) · After marriage, amendment or revocation requires a written agreement signed by both parties and is enforceable without consideration.

Vermont

• 12 V.S.A. § 181(3) · An action on an agreement made in consideration of civil marriage requires a signed writing or memorandum.
• 12 V.S.A. § 181; Lacroix v. Rysz, 2025 VT 16 · Vermont has no uniform-act amendment section; an alleged change invokes the instrument, writing rule, and current contract and marital law.

Virginia

• Va. Code § 20-149 · A Virginia premarital agreement must be in writing and signed by both parties and is enforceable without consideration.
• Va. Code § 20-153 · After marriage, a Virginia premarital agreement may be amended or revoked only by a written agreement signed by the parties.

Washington

• RCW 26.16.120 · A community-property agreement effective at death must be written, signed and sealed, witnessed, acknowledged, and certified like a real-estate deed.
• RCW 26.16.120 · A section .120 death agreement may be altered in the same manner and remains subject to creditor rights, fraud, and equitable cancellation.

West Virginia

• W. Va. Code § 48-1A-201 · A premarital agreement must be written, signed by both parties, and acknowledge that both had an opportunity to consult separate legal counsel; consideration is unnecessary.
• W. Va. Code § 48-1A-501 · After marriage, amendment or revocation requires a written agreement signed by both parties and needs no consideration.

Wisconsin

• Wis. Stat. § 766.58(1) · A marital-property agreement must be a document signed by both spouses; only the spouses may be parties, and consideration is unnecessary.
• Wis. Stat. § 766.58(4) · A marital-property agreement may be amended or revoked only by a later marital-property agreement.

Wyoming

• Wyo. Stat. Ann. § 1-23-105(a)(iii) · An agreement, promise, or undertaking made upon consideration of marriage, other than the mutual promise to marry, must be in writing and subscribed by the party to be charged.
• Lund v. Lund, 849 P.2d 731, 739–41 (Wyo. 1993) · An antenuptial agreement may be modified after marriage by further agreement if the governing formal requisites or the agreement's own requirements are satisfied.