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With a postnuptial agreement, the couple is already legally bound and the spouses owe a fiduciary duty to each other. There may be a concern that the provisions in a postnuptial agreement were not bargained for because one spouse did not really have a choice about signing 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...
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.
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.
Although all states allow you to revoke a prenuptial agreement, some do not allow you to modify the agreement after marriage, and a postnuptial agreement will have limited or no effect.