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Before proceeding with a postnup, it's also worth keeping in mind that these agreements are easier to enforce in some states than in others. Most courts tend to uphold the agreements as long as they're written, signed without coercion, and involve a full disclosure of financial information on both sides.

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.

How do you make a postnuptial agreement? Postnups should be made in writing and be signed by both parties and two witnesses. The agreement should set out all financial assets and debts of the marriage and explain how these will be distributed in the event of a divorce, dissolution of civil partnership or death.

How to Write a Postnuptial Agreement Step 1 ? Include Party Information. ... Step 2 ? Provide Property Information. ... Step 3 ? Include Business Information. ... Step 4 ? Provide Debts and Taxes Information. ... Step 5 ? Specify How You'll Divide The Marital Home. ... Step 6 ? Include Pet Information. ... Step 7 ? Add in the Final Details.

Yes, it is possible to create your own post-nuptial agreement. However, it is a complex legal document so we would recommend instructing a solicitor to this for you.

Postnups are enforceable in Massachusetts The case centered around a dispute between a couple who had been married for nearly twenty years before problems in their marriage prompted them to create a postnuptial agreement, although at the time they were determined to save their marriage.