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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.
Postnuptial Contracts ? Let The Spouses Beware Starting with the In re Kennedy's Estate, 135 N.W. 53 (Iowa 1912) case, courts have routinely struck down postnups as unenforceable. Couples seeking postnuptial agreements typically are looking for the same protections as those who create a contract before the marriage.
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.
How to Create a Postnuptial Agreement That's Enforceable The document must be in writing and notarized. The document must be signed voluntarily and intentionally by both parties. Both parties must make a full and fair disclosure of all their assets, debts, property, and income.
Generally, this legally binding document provides both husband and wife the ability to use money as a means to support during the marriage, ensure custody and visitation and the disbursement of wealth either at divorce or when one person dies.
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.
When writing a postnuptial agreement, you must provide the following information about both parties: The first party's name. The second party's name. Marriage date. The city and state where you were married. Your joint address. Information about existing children. ... Acknowledgment of full financial disclosure.
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.