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However, if the agreement is fair in its terms, abides by local laws, and both spouses entered into it voluntarily, the court will usually uphold a postnuptial agreement.

Postnuptial agreements are invalid if it is determined that one of the parties exercised fraud, duress, or undue influence over the other. Fraud generally exists when one party deceived or concealed an important fact that would impact whether or not the other party executed the agreement.

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.

When a couple hires a lawyer to draft their postnuptial agreement, they will incur legal fees because drafting a contract requires the time and legal expertise of a licensed lawyer. ing to ContractsCounsel's marketplace data, the average California postnuptial agreement drafting costs are $1,150.00.

In a postnuptial agreement in California, spouses cannot contract or limit child support and child custody. All terms that set or restrict child support or child custody will make the entire postnup unenforceable.

Although laws can differ by state, there are five basic elements to a postnuptial agreement: It must be in writing. ... It must be entered into voluntarily by both parties. It requires full and fair disclosure of relevant information at the time of execution. Terms must not be unconscionable or unjust or one-sided in nature.