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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.

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 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.

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.

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.

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.