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There are three basic requirements for a valid postnuptial agreement. First, the agreement must be in writing. Both spouses must have their own attorney guiding them. Finally, the agreement should be notarized.
In California, you can write your own postnuptial agreement, but this option is not recommended. These agreements must meet numerous legal requirements to be considered valid and enforceable by law, and most non-legal professionals simply do not possess the knowledge and resources to draft a sufficient agreement.
When a couple hires a lawyer to draft their postnuptial agreement, they will incur legal fees because drafting a contract requires the time and legal expertise of a licensed lawyer. ing to ContractsCounsel's marketplace data, the average California postnuptial agreement drafting costs are $1,150.00.
In California, you can write your own postnuptial agreement, but this option is not recommended. These agreements must meet numerous legal requirements to be considered valid and enforceable by law, and most non-legal professionals simply do not possess the knowledge and resources to draft a sufficient agreement.
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.
A postnuptial agreement cannot provide enforceable terms for child support or custody.