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Postnuptial agreements must be in writing. Voluntary ? Both parties to a postnuptial agreement must have signed the agreement voluntarily and intentionally. Any indication that one spouse coerced or threatened the other into signing will make a postnuptial agreement null and void.
A postnuptial agreement cannot provide enforceable terms for child support or custody. However, it can include provisions for alimony since that is considered separately from a spouse's duties as a parent. (We have seen agreements that have a provision for child support, but it is not enforceable.
While it is entirely possible to construct your own postnuptial agreement, it is not typically recommended. There are pros and cons to writing your own postnup and why you might benefit from an attorney's input.
We conclude that postnuptial agreements are valid and enforceable and generally must comply with contract principles. We also conclude, however, that the terms of such agreements must be both fair and equitable at the time of execution and not unconscionable at the time of dissolution. LaFrance v. Lodmell, 322 Conn.
As long as your agreement fulfills California's legal requirements, the courts will consider it valid no matter how long you have been married. In fact, postnuptial agreements are most common among couples who have been married for years, as they understand better how much each party has to gain or lose.
Postnuptial agreements must be in writing. Voluntary ? Both parties to a postnuptial agreement must have signed the agreement voluntarily and intentionally. Any indication that one spouse coerced or threatened the other into signing will make a postnuptial agreement null and void.
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.
You may need or want a postnup contract if you have children from previous marriages or own a business. Not all states recognize a postnup contract, so it is wise to consult with an attorney regarding martial contracts and divorce laws.