Add Watermark To Word Postnuptial Templates For Free

Postnuptial agreements are generally enforceable if the parties of the document adhere to all state laws regarding inheritance, child custody, visitation and monetary support if a divorce does occur. Property division is one of the primary concerns with a postnuptial agreement.

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.

Can you write your own postnuptial agreement in California? In California, married couples may indeed write their own postnuptial agreements. This can be done using a template document or from scratch.

The Bottom Line. If you want a valid prenup in California, you must follow the 7-day rule. No if's, and's, or but's about it. As the name suggests, the 7-day rule requires a full seven calendar days between the time the final prenup is presented to the other party and the time the parties sign the agreement.

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.

California law recognizes prenuptial and postnuptial agreements in California as valid and enforceable when certain legal requirements are met. These agreements are typically used to modify how certain property rights are interpreted so that the parties do not become subject to California's default property laws.