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What voids a postnuptial agreement? 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.

Because of this, courts tend to look down on postnuptial agreements. 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.

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.

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.

If you and your spouse had a prenuptial agreement, but it's now out of date, you might also be interested in working with a lawyer to create a postnup. While you can write your own postnup agreement, it's important that it meets all of the legal requirements to be valid.

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.

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.

Aside from being written, a Postnuptial Agreement must also be agreed upon and signed voluntarily by both parties. This means that each spouse has consented to the terms without the need to be coerced or intimidated. The agreement must also be notarized.

For example, a house bought after a couple gets married is marital property, while a car bought before marriage is separate property. These postnup clauses offer a guide for dividing the couple's joint property without emotions or outside influences getting in the way after the marriage ends.