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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.
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.
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.
Unlike the more widely known prenuptual agreement, or prenup, a postnup is agreed upon after a couple has married or entered a civil partnership. If you are not yet married, you will need to sign a prenup instead. There is no perfect time to sign a postnup, it can be created at any point during a marriage.
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.
Subd. (c) A postnuptial contract or settlement is valid and enforceable only if at the time of its execution each spouse is represented by separate legal counsel.
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.