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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.
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.
A postnuptial agreement that is blatantly one-sided or that is otherwise extremely unjust toward one party, based on the facts and circumstances, will not be enforceable. Validly executed ? Postnuptial agreements must meet the requirements of the laws of the parties' state of residence.
Creating a postnuptial agreement has no time limit.
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.
Like a prenup, a postnup can also be edited and amended after it has been created. Situations change, and life happens. Certain events that might make it necessary to update an existing postnuptial agreement include: Having children.
In a postnuptial agreement in California, spouses cannot contract or limit child support and child custody. All terms that set or restrict child support or child custody will make the entire postnup unenforceable.