Also known as:written agreement · agreements in writing
Written by attorneys · grounded in primary & secondary sources — see below
A document signed by the parties that records or modifies their agreement. Such a writing satisfies statutory requirements for enforceability in contexts such as waiver of spousal rights or preservation of parental status in assisted reproduction. The writing binds the parties even without additional consideration when the statute so provides.
Sources & Authorities
How it applies
Common Examples
2
Spouse Waives Elective Share
Winston West and Wilma Wright marry after signing a document that waives Wilma's right to claim an elective share of Winston's estate. After Winston dies, Wilma seeks homestead allowance and family allowance. The court enforces the document against her claims because it meets the statutory criteria for a signed writing that modifies those rights.
Donor Seeks Parental Rights
Wayne Walker donates sperm to Willow Walker under an oral understanding that he will retain parental rights. After the child is born, Wayne petitions for recognition as a legal parent. The court denies the petition because no signed writing preserves his paternity under the governing statute.
Put it into practice
Test Yourself
10
Practice Questions5
· 7 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
Model Codes
Restatements
Hornbooks
Common questions
Frequently Asked
3
Must a written agreement waiving spousal rights be supported by consideration?+
No. The statute expressly provides that the agreement is enforceable without consideration when it is signed by the surviving spouse before or after marriage.
Supporting sources
What happens if a sperm donor lacks a written agreement preserving parental rights?+
The donor is not a legal parent. The statute requires the writing to establish paternity, and the absence of the writing defeats any constitutional claim to parental status.
Supporting sources
Can parties later modify an earlier written agreement with another writing?+
Yes. The definition of agreement includes a subsequent writing that affirms, modifies, or waives an earlier one, so long as it meets the statutory signing requirement.
Supporting sources
ContractsFormation of contracts · Mutual assent (offer and acceptance, and unilateral, bilateral, and implied-in-fact contracts)NEXTGENIntermediate