Add Formula Field To Legal Maryland Postnuptial Forms For Free

First, neither party must have been forced or coerced into signing the agreement; both parties must sign of their own free will. Second, the agreement must be in writing, have the signatures of both parties and be notarized. Third, the agreement must be clear, transparent and fair.

Many couples assume they must hire a divorce lawyer to draw up a postnup, but this isn't necessarily true. If you and your spouse are on good terms and can communicate openly about your finances, you may be able to create the agreement yourselves.

Some of the items that can be included in a postnup include: Debt responsibility: The couple can decide who takes on which debt upon divorce. Pet ownership: The couple can determine who gets to keep a family pet. Retirement accounts: The couple can agree that each individual keeps the plan that they paid into.

Postnuptial contracts may be legally enforceable provided they follow standard rules of contracts. The agreement must be in writing; full disclosures must be made by both spouses about issues relevant to the contract; and the contract cannot be entered into because one spouse is defrauded or is coerced into signing.

In a postnuptial agreement in California, spouses cannot contract or limit child support and child custody. All terms that set or restrict child support or child custody will make the entire postnup unenforceable. It is also a good idea to include a severability clause in your postnuptial agreement.

Many couples assume they must hire a divorce lawyer to draw up a postnup, but this isn't necessarily true. If you and your spouse are on good terms and can communicate openly about your finances, you may be able to create the agreement yourselves.