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→Negotiating the terms of an agreement
*The parties to the agreement must provide full financial disclosure to each other and must be completely honest in describing their circumstances.
*The In most cases, the agreement must be in writing. (While oral agreements have been upheld by the courts, it can be very difficult to establish the terms of the agreement, and oral agreements cannot be enforced until a court has determined what the terms of the agreement are.)
*The parties can't be under any sort of legal disability such as insanity.
*The parties must both sign the agreement of their own free will, without unfair pressure by the other party.