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There are generally three different, but related, types of postnuptial agreements in the United States today. A means of dividing assets and providing for spousal support The most common type of postnuptial agreement spells out how a couple's assets and liabilities would be divided in the event of a divorce.
In Texas, a postnuptial or marital property agreement is acceptable in court as long as it meets the proper requirements. Each party should obtain a lawyer and a neutral third party, preferably another lawyer, to look over the draft before finalizing.
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.
Requirements of a postnuptial agreement in TexasIn Writing.Must be Signed.Free of any Fraud or Duress.Must Disclose Financials or Waive Disclosure.Asset Protection.Reduce Suspicion.Insulate Risk.