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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.
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...
Considerations for Nuptial Agreements in Missouri To be enforceable if a couple does, in fact, get divorced, pre and postnuptial agreements must be entered into willingly by both parties, and the agreement must be determined to be fair to both parties when it is drafted.
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.
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.