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A postnuptial agreement is valid and will be enforced by the court if: each spouse made fair and reasonable disclosure to the other of his or her financial status; each spouse has entered into the agreement voluntarily and freely; and.
Postnuptial agreements are invalid if it is determined that one of the parties exercised fraud, duress, or undue influence over the other. Fraud generally exists when one party deceived or concealed an important fact that would impact whether or not the other party executed the agreement.
How to Write a Postnuptial AgreementStep 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.Step 7 Add in the Final Details.More items...
Can you write your own postnuptial agreement in California? In California, married couples may indeed write their own postnuptial agreements. This can be done using a template document or from scratch.
Postnuptial agreements are generally enforceable if the parties of the document adhere to all state laws regarding inheritance, child custody, visitation and monetary support if a divorce does occur.