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For a Postnuptial Agreement to be considered valid, the couple: must provide full disclosure; must each have individual legal representation; must not be coming to the Postnuptial Agreement under duress or coercion; must agree to terms that would be considered fair and equitable.

It's often recommended that both parties have an attorney when creating a postnuptial agreement, but it's not required. If both parties do not have an attorney, it is vital that each person fully understands the terms before signing.

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.

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.

A postnuptial agreement that is blatantly one-sided or that is otherwise extremely unjust toward one party, based on the facts and circumstances, will not be enforceable. Validly executed ? Postnuptial agreements must meet the requirements of the laws of the parties' state of residence.

While it is entirely possible to construct your own postnuptial agreement, it is not typically recommended. There are pros and cons to writing your own postnup and why you might benefit from an attorney's input.