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India has no law on prenuptial or post nuptial agreements. Such agreements are not common in India and are contrary to Indian customs and views about marriage.

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.

When bringing up the topic, follow these tips: Remind your spouse that a breach of trust has occurred. Explain how having a postnuptial agreement can provide a level of security as your rebuild your relationship. Assert that this a step you need to take to protect yourself.

How to Create a Postnuptial Agreement That's Enforceable The document must be in writing and notarized. The document must be signed voluntarily and intentionally by both parties. Both parties must make a full and fair disclosure of all their assets, debts, property, and income.

An agreement should be reached when legal counsel is present. Although a postnuptial agreement is cooperative, each spouse should have their own lawyer. Some couples may elect to have one lawyer act as a mediator, but for best results, each spouse should receive personalized legal advice from an independent source.

In California, you can write your own postnuptial agreement, but this option is not recommended. These agreements must meet numerous legal requirements to be considered valid and enforceable by law, and most non-legal professionals simply do not possess the knowledge and resources to draft a sufficient agreement.