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Postnuptial contracts may be legally enforceable provided they follow standard rules of contracts. The agreement must be in writing; full disclosures must be made by both spouses about issues relevant to the contract; and the contract cannot be entered into because one spouse is defrauded or is coerced into signing.
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...
Unlike many U.S. states, Maryland does not have a specific statute that governs the requirements of prenuptial or postnuptial agreements. Instead, Maryland construes both prenuptial and postnuptial agreements under standard contract law.
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.
In fact, prenuptial and postnuptial agreements can only include information about financial matters and so should not include terms related to family matters, physical arrangements, or employment. Instead, these issues will need to be settled outside of court or by a family law judge.