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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.
The terms cannot be changed if a couple is separated or in the process of divorce. Changes can only be made before a wedding or during the marriage.
In general, the California courts assume a prenuptial agreement is valid upon the date it is signed. The courts will assume a postnuptial agreement is invalid, however, until they decide otherwise. You and your spouse will need the courts to approve your postnuptial agreement for it to become valid.
Each postnuptial agreement is different and can be tailored for each couple. The agreement typically includes decisions about each spouse's assets, alimony and maintenance expectations, and plans for other payments like the other spouse's legal fees and child support.
That kind of security ends doubt and concerns between spouses regarding their financial fitness and leaves couples to worry about other things hopefully less stressful. The State of Arizona recognizes postnuptial agreements as valid by virtue of judicial precedent, unlike prenuptials, which are governed by statute.
Generally speaking, to make a postnuptial agreement valid, both parties' signatures need to be notarized. Some state laws may impose additional requirements, such as a requirement that the parties' signatures be witnessed.
First, you should know that a postnuptial agreement is a contract between a married couple wherein they intend to divides their assets and debts. If done properly, a postnuptial agreement is valid and enforceable in Arizona.
Postnups are not strictly legally binding, but they can be more likely to be upheld than prenuptial agreements because there is no looming wedding date putting pressure on the couple to sign up.