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Spouses suffering from martial strife may consider a postnuptial agreement. Such agreements are identical, in substance, to prenuptial agreements. However, while Oregon courts have enforced postnuptial agreements, they do not have statutory authorization as do prenuptial agreements.
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. Property division is one of the primary concerns with a postnuptial agreement.
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.
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...