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Postnuptial agreements must be in writing. Voluntary ? Both parties to a postnuptial agreement must have signed the agreement voluntarily and intentionally. Any indication that one spouse coerced or threatened the other into signing will make a postnuptial agreement null and void.

Oklahoma does not have a specific statute covering prenuptial or postnuptial agreements. However, any agreement must conform to the basic tenets of state contract law. Courts will not enforce an agreement that has been forced upon one party by the other or signed under duress.

The enforceability of a postnuptial agreement in California depends on whether the agreement meets the validity requirements. If the agreement is valid, it is presumed enforceable in court. However, the court can still reject the agreement if it is unconscionable or if one party challenges its enforceability.

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.

Issues with Postnuptial Agreements A postnuptial agreement can be quite expensive to make and will require both parties to have a lawyer. Yours may not cover all divorce-related issues, especially those concerning children, which cannot be addressed in a postnup.

Postnuptial agreements are legally binding as long as they comply with certain requirements. They must be in writing and signed by both parties, and both people who sign must have had the opportunity to review the documents carefully.