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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.
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.
In fact, prenuptial and postnuptial agreements can only include information about financial matters and so should not include terms related to family matters, physical arrangements, or employment. Instead, these issues will need to be settled outside of court or by a family law judge.
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...
There are a few basics that every postnuptial agreement must have to be enforceable in South Carolina: The agreement has to be signed by both spouses. Both spouses should retain legal counsel to review and advise as to the agreement.