Notarize Email Signature Postnuptial Agreement For Free

Per FindLaw, since postnuptial agreements generally handle the same issues that prenuptial agreements address, the same circumstances that can cause a court to void part or all of a prenuptial agreement also apply to a postnuptial.

A postnuptial agreement can create rules for many different things should the couple divorce. Asset and property division. Investments. Inheritance. Premarital assets. Debts. Retirement and 401(k) accounts. Child custody and child support. Alimony or spousal support.

To be valid and enforceable, postnuptial agreements must meet the following guidelines: 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.

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.

A postnuptial agreement cannot provide enforceable terms for child support or custody.

Before proceeding with a postnup, it's also worth keeping in mind that these agreements are easier to enforce in some states than in others. Most courts tend to uphold the agreements as long as they're written, signed without coercion, and involve a full disclosure of financial information on both sides.

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 postnup agreement usually has to do with financial assets, but it can contain anything?from how often in-laws can visit or how the couple will share household chores. You may need or want a postnup contract if you have children from previous marriages or own a business.

Postnuptial agreements are invalid if it is determined that one of the parties exercised fraud, duress, or undue influence over the other. Fraud generally exists when one party deceived or concealed an important fact that would impact whether or not the other party executed the agreement.

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.