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Separate attorneys ? you and your spouse should have separate attorneys if you are going to enter into a postnuptial agreement. If you do not have separate attorneys, the court will look at your postnuptial agreement more closely for unfairness and may not enforce the postnuptial agreement.
In Washington State the courts have enforced postnuptial agreements provided they meet certain standards.
A valid postnuptial agreement in Texas requires both spouses to enter into the agreement voluntarily, provide full disclosure of their financial assets and liabilities and meet other essential requirements.
You should both have a lawyer to be sure your interests are well represented, but also because the party who did not have a lawyer could challenge the agreement later on grounds of unfairness in a New York court, because they did not have legal counsel.
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.