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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. (We have seen agreements that have a provision for child support, but it is not enforceable.

A postnuptial agreement that is blatantly one-sided or that is otherwise extremely unjust toward one party, based on the facts and circumstances, will not be enforceable. Validly executed ? Postnuptial agreements must meet the requirements of the laws of the parties' state of residence.

Like a prenup, a postnup can also be edited and amended after it has been created. Situations change, and life happens. Certain events that might make it necessary to update an existing postnuptial agreement include: Having children.

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.

It is created after a couple is married to define the rights and obligations of both partners if they were to separate or divorce. While it is entirely possible to construct your own postnuptial agreement, it is not typically recommended.

As long as your agreement fulfills California's legal requirements, the courts will consider it valid no matter how long you have been married. In fact, postnuptial agreements are most common among couples who have been married for years, as they understand better how much each party has to gain or lose.