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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.

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.

What Can A Postnuptial Agreement Clarify And Enforce? While property, assets, and debt acquired by the couple during the marriage are typically considered community property in California, a postnuptial agreement can further clarify and ensure each partner's separate rights outside the state's community property laws.

The agreement and the writings executed pursuant must not be signed under duress, fraud, or undue influence, and the parties did not lack capacity to enter into the agreement (meaning they were of the proper age and mental capacity to sign the agreement.

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.

The disposition of property, other marital assets, custody, alimony, support, and the like are agreed to by the marital partners upon separation. This part of the agreement is typically incorporated into the final divorce decree. A postnuptial agreement will also seek to establish spouses' rights in a future divorce.