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Duress or coercion: If you or your spouse were forced or pressured into signing the agreement, it may be deemed invalid. Fraud or misrepresentation: If either party provides false or incomplete information about their assets or liabilities, the agreement could be invalidated.

Coercion or Duress If one spouse forces or coerces other spouses into signing a postnuptial agreement, it could later become invalid if challenged in family court. Hence, for an agreement to be valid, both spouses must sign it voluntarily and without threat.

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.

Possible cons of postnuptial agreements include: Potential for creating mistrust or tension in the relationship. Emotional stress during negotiation. Limitations on future financial flexibility.

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.

You and your spouse can create your own postnuptial agreement, but having it drafted by a legal professional, such as a divorce lawyer, can help ensure it's compliant with state laws. In fact, some states require that each party has its own legal counsel, to make sure both spouses fully understand their rights.

What Cannot Be Included in Your Prenuptial Agreement Child Support and Custody. One of the most important things to note is that a prenuptial agreement cannot include child support and custody. Alimony. Debt Obligation. Gifts. Property Division. Prenuptial Agreement Attorney in San Diego, CA.

Here's a list of steps on how to write a postnuptial agreement: Step 1 ? Include Party Information. Step 2 ? Provide Property Information. Step 3 ? Include Business Information. Step 4 ? Provide Debts and Taxes Information. Step 5 ? Specify How You'll Divide The Marital Home. Step 6 ? Include Pet Information.

A postnuptial agreement or "postnup," is similar to a prenuptial agreement, but the former legal contract is written and signed after a couple is legally wed. A postnup contract outlines how assets will be divided in the event of a divorce.