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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.

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.

An agreement should be reached when legal counsel is present. Although a postnuptial agreement is cooperative, each spouse should have their own lawyer. Some couples may elect to have one lawyer act as a mediator, but for best results, each spouse should receive personalized legal advice from an independent source.

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.

There is no specific law for postnuptial agreements?rather, the same law for prenuptial agreements applies. Virginia law allows individuals to put anything they want into the agreement as long as it does not violate public policy.

A postnuptial agreement will outline what will happen in terms of finances or other major decisions should a divorce occur. The experienced divorce lawyers at Tucker, Nong and Associates can help you create a mutually beneficial agreement that will protect each spouse in case a divorce does occur.