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While it's technically possible to create a postnuptial agreement without a lawyer, it's not recommended. Postnuptial agreements, like prenuptial agreements, are legal documents that outline how assets and liabilities will be divided in the event of a divorce or separation.

Postnups are particularly beneficial when one or both partners have significant pre-marital assets and/or children from previous marriages. Postnups can eliminate expensive and acrimonious divorce battles when marriages fail.

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.

As long as your agreement fulfills California's legal requirements, the courts will consider it valid no matter how long you have been married. In fact, postnuptial agreements are most common among couples who have been married for years, as they understand better how much each party has to gain or lose.

The average cost (i.e., legal fees) for a California lawyer to draft a postnuptial agreement is $950 1 on a flat fee basis. The average cost for a California lawyer to review a postnuptial agreement is $480 2 on a flat fee basis.

However, if the agreement is fair in its terms, abides by local laws, and both spouses entered into it voluntarily, the court will usually uphold a postnuptial agreement.

Require full and fair disclosure of relevant information at the time of execution. Must not include terms that are unconscionable, unjust, or one-sided in nature. Must be signed by both parties. After the contract is reviewed and signed by the couple, the postnup becomes legally binding.

Before proceeding with a postnup, it's also worth keeping in mind that these agreements are easier to enforce in some states than in others. 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.

?Infidelity clause? is the common name given to a clause in a prenuptial or postnuptial agreement that requires a cheating spouse to pay additional money during the divorce.