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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.

S never too late. A common misconception by many couples is that nuptial agreements can only be made before the wedding (prenuptial). While a prenuptial agreement is most widely recommended, couples who are already married can still draw up a valid marital contract, known as a postnuptial agreement.

A postnuptial agreement must include the following elements: It must be voluntarily agreed to by both parties. It must be in writing. It requires full disclosure of assets and debts. It must not be one-sided in nature. It must be signed by both parties.

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.

Infidelity Clauses in Postnuptial Agreements ?Infidelity clause? is the common name given to a clause in a prenuptial or postnuptial agreement that requires a cheating spouse to pay additional money during the divorce.

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.