Procedural fairness in the negotiation and execution of an agreement. Representation by independent counsel (one attorney cannot reasonably represent the interests of both parties). Adequate disclosure of assets and liabilities (did the parties have, or should they have had, knowledge of each other's worth such that each could make an informed decision)? Sufficient time to negotiate and review the agreement prior to execution (the states vary with respect to what constitutes an appropriate time). Absence of fraud, duress, or undue influence in the negotiation and execution of the agreement