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If you and your spouse are on good terms and can communicate openly about your finances, you may be able to create the agreement yourselves. The main difference and largest advantage of writing your own postnup is saving money. In the simplest of situations, you could draft a postnup using a template found online.
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.
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.
Generally speaking, to make a postnuptial agreement valid, both parties' signatures need to be notarized. Some state laws may impose additional requirements, such as a requirement that the parties' signatures be witnessed.
In a postnuptial, there are marital properties and those that one or both spouses exclude from the marriage. In the agreement, one provision that causes an unenforceable postnuptial document is when the monetary conditions are unfair to one person.