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A postnuptial agreement must protect both partners. If it is unbalanced, so much so that it “shocks the conscience,” the contract would be considered unconscionable if a postnup deprives one spouse of any rights or assets if the couple separates or divorces, the agreement may be voided due to unconscionability.

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.

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.

Failure to Disclose All Assets Any fraudulent activity and lack of disclosure can invalidate the postnuptial agreement in the court. For instance, if one spouse conceals or devalues assets, it can make the marital agreement unfair. A unfair deal could become the ground for challenging it in court.

If you and your spouse had a prenuptial agreement, but it's now out of date, you might also be interested in working with a lawyer to create a postnup.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 UPAA (California's Uniform Premarital Agreement Act) outlines the abilities and restrictions of prenups in this state. The law allows couples in California to draft their own prenuptial agreements.

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.

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.

?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.