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While it is entirely possible to construct your own postnuptial agreement, it is not typically recommended. There are pros and cons to writing your own postnup and why you might benefit from an attorney's input.

Most courts tend to uphold the agreements as long as they're written, signed without coercion, and involve a full disclosure of financial information on both sides.

Any concealment, deception, or fraud will likely result in the postnuptial agreement being invalidated in court. Family law courts must also believe that the agreement is fair. If a judge believes that the postnup is significantly biased or unfair to one spouse, the document may not stand up in court.

In general, the California courts assume a prenuptial agreement is valid upon the date it is signed. The courts will assume a postnuptial agreement is invalid, however, until they decide otherwise. You and your spouse will need the courts to approve your postnuptial agreement for it to become valid.

The only downside to signing a postnuptial agreement is that they are less likely to be enforced because courts prefer these types of contracts to be entered into prior to marriage. If you are married and are interested in drafting a postnuptial agreement, it is important that you retain and consult an attorney.

Postnuptial agreements can cover various aspects, including division of property, management of real estate, and spousal support. However, they cannot include provisions related to child custody, child support, or anything against California law or public policy.

Enforceability of Postnuptial Agreements in California Courts. While a prenuptial agreement becomes valid on the date it's signed, a postnuptial agreement must be approved by the court to be enforceable.

In Missouri, specific legal requirements must be met for prenuptial and postnuptial agreements to be enforceable: Both agreements must be in writing. Verbal agreements are not recognized. Each party must enter the agreement voluntarily, without coercion or undue pressure.

A postnuptial agreement is void if it was not voluntarily and intentionally signed by both parties, or if one spouse was coerced or threatened into signing it. If one or both parties are under duress at the time of signing, the postnuptial agreement may be rendered invalid.