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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.
When writing a postnuptial agreement, you must provide information about both parties. Besides the basic details related to you, your spouse, and your marriage, you will also need to include your marital background, legal representation, and financial disclosures in later sections.
You and your spouse may draft a postnuptial agreement regardless of the state of your marriage. Plenty of perfectly happy couples draft postnuptial agreements, especially when there is a significant shift in financial circumstances.
First, neither party must have been forced or coerced into signing the agreement; both parties must sign of their own free will. Second, the agreement must be in writing, have the signatures of both parties and be notarized. Third, the agreement must be clear, transparent and fair.
An infidelity clause in a prenuptial agreement states that if one party is proved to have been involved in an extramarital affair, the aggrieved spouse will receive a financial award from the cheating spouse.