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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.

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.

California law recognizes the validity of both prenuptial and postnuptial agreements; and, if you have one, it will most likely play a role in your divorce. However, there are several factors to consider, and there are issues that can render certain clauses ? or potentially even the entire agreement ? unenforceable.

A postnuptial agreement is a contract created by spouses after entering into a marriage that outlines the ownership of financial assets in the event of a divorce. The contract can also set out the responsibilities surrounding any children or other obligations for the duration of the marriage.

Generally, this legally binding document provides both husband and wife the ability to use money as a means to support during the marriage, ensure custody and visitation and the disbursement of wealth either at divorce or when one person dies.

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.