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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.

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.

Postnuptial Contracts ? Let The Spouses Beware Starting with the In re Kennedy's Estate, 135 N.W. 53 (Iowa 1912) case, courts have routinely struck down postnups as unenforceable. Couples seeking postnuptial agreements typically are looking for the same protections as those who create a contract before the marriage.

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.

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.

An Iowa postnuptial agreement establishes a couple's marital property distribution if their marriage ends in divorce. While prenuptial agreements, or ?prenups,? are signed before a marriage takes place, postnuptial agreements are signed after a couple has already been married.