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You can create your Postnuptial agreement. In the case of complex financial arrangements, you should Ask a lawyer for advice on creating your document. Note that an independent lawyer should also provide advice to both parties in advance of it being signed, to ensure that they are aware of its implications.

To ask for a postnuptial agreement, you should set aside an appropriate time to talk about your finances. If you have debts that you don't want to burden your spouse with, you can talk to them about how a postnuptial agreement would help with those in the case of a divorce.

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 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.

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.

A postnup contract outlines how assets will be divided. It also may contain numerous other provisions dictating marital conduct?from the division of household chores to monogamy expectations to the allowable number of mother-in-law visits.