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How to Create a Postnuptial Agreement That's Enforceable The document must be in writing and notarized. The document must be signed voluntarily and intentionally by both parties. Both parties must make a full and fair disclosure of all their assets, debts, property, and income.
When writing a postnuptial agreement, you must provide the following information about both parties: The first party's name. The second party's name. Marriage date. The city and state where you were married. Your joint address. Information about existing children. ... Acknowledgment of full financial disclosure.
It is created after a couple is married to define the rights and obligations of both partners if they were to separate or divorce. While it is entirely possible to construct your own postnuptial agreement, it is not typically recommended.
Written: For Pennsylvania courts to consider a postnuptial valid, the agreement must be in writing. Full Disclosure: In most states, a postnup must include all assets, incomes, and property. Within Pennsylvania, this element can be waived based on the opinion of the divorce court.
If you and your spouse are on good terms and can communicate openly about your finances, you may be able to create the agreement yourselves. The main difference and largest advantage of writing your own postnup is saving money. In the simplest of situations, you could draft a postnup using a template found online.