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Postnuptial agreements are invalid if it is determined that one of the parties exercised fraud, duress, or undue influence over the other. Fraud generally exists when one party deceived or concealed an important fact that would impact whether or not the other party executed the agreement.

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.

A postnuptial agreement is a legal document that married couples create after they get married. It outlines how their assets, debts, and other important matters would be handled in the event of a divorce or separation.

Per FindLaw, since postnuptial agreements generally handle the same issues that prenuptial agreements address, the same circumstances that can cause a court to void part or all of a prenuptial agreement also apply to a postnuptial.

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.

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.