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A postnuptial agreement cannot provide enforceable terms for child support or custody. However, it can include provisions for alimony since that is considered separately from a spouse's duties as a parent. (We have seen agreements that have a provision for child support, but it is not enforceable.

The enforceability of a postnuptial agreement in California depends on whether the agreement meets the validity requirements. If the agreement is valid, it is presumed enforceable in court. However, the court can still reject the agreement if it is unconscionable or if one party challenges its enforceability.

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.

Postnuptial agreements are generally enforceable if the parties of the document adhere to all state laws regarding inheritance, child custody, visitation and monetary support if a divorce does occur. Property division is one of the primary concerns with a postnuptial agreement.

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.