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Some couples even invest in a postnup after the discovery that one of them has cheated. The postnup is considered an inducement to help the marriage succeed, or to help give assurances that the spouse won't cheat again because they are agreeing that they will literally pay up if they do.

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 family lawyer will ensure that both your and your spouse's assets and debts are thoroughly vetted. This is important because courts can rule a postnup agreement is invalid if financial records aren't accurate in the contract.

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.

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.

A postnuptial agreement can protect each spouse's interests in the same way as a prenuptial agreement, since they can (and often do) opt-out of the same ?default? state marital laws and address the same topics.