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In California, you can write your own postnuptial agreement, but this option is not recommended. These agreements must meet numerous legal requirements to be considered valid and enforceable by law, and most non-legal professionals simply do not possess the knowledge and resources to draft a sufficient agreement.
Postnuptial agreements must be in writing. Voluntary ? Both parties to a postnuptial agreement must have signed the agreement voluntarily and intentionally. Any indication that one spouse coerced or threatened the other into signing will make a postnuptial agreement null and void.
In Washington State the courts have enforced postnuptial agreements provided they meet certain standards.
Reasons For Challenging A Postnuptial Agreement Coercion or duress: If one party was coerced or forced into signing the agreement, it might not be enforceable. Fraud or misrepresentation: The agreement may be challenged if one party provides false or withheld information during the negotiation process.
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.
There are three basic requirements for a valid postnuptial agreement. First, the agreement must be in writing. Both spouses must have their own attorney guiding them. Finally, the agreement should be notarized.
In a postnuptial agreement, the two partners are already married, and are entering into this agreement in the case of death or divorce. The purpose of the postnuptial agreement is to determine how property would be divided and has much of the same content as a separation agreement, except the spouses are still married.
Before beginning the process of creating a postnuptial agreement, many couples want to know how much the legal services will cost. Based on ContractsCounsel's marketplace data, the average cost of a postnuptial agreement in Washington is $612.50.