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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.

The Indiana prenuptial agreement statute addresses enforceability in Indiana Code 31-11-3-8, which states that ?a premarital agreement is not enforceable if a party against whom enforcement is sought proves that the party did not execute the agreement voluntarily or the agreement was unconscionable when the agreement ...

In Indiana, a married couple filing for divorce should consider a post-nuptial agreement as part of their reconciliation. In a post-nuptial agreement, the married couple will set forth how they will divide property and debts incurred before and during the marriage.

In some states, postnuptial agreements may not be upheld if both parties were not given the opportunity to review and discuss the terms of the agreement with their own, separate attorneys. Whether a postnuptial agreement will be enforced or not depends, to a large extent, on what state you live in.

Indiana Postnuptial Agreements Must be Valid Contracts If the adults involved aren't incapacitated, it's assumed they're able to contract. Courts are generally reluctant to re-write a contract, but they could get involved if one of the following can be shown: It was the result of fraud or duress.

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.