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How to Write a Postnuptial Agreement Step 1 ? Include Party Information.Step 2 ? Provide Property Information.Step 3 ? Include Business Information.Step 4 ? Provide Debts and Taxes Information.Step 5 ? Specify How You'll Divide The Marital Home.Step 6 ? Include Pet Information.Step 7 ? Add in the Final Details.
Laws. Enforceability: Postnuptial agreements will not be enforced unless they are entered into freely, fairly, knowingly, understandingly, in good faith, and fully disclosed. If these requirements have been met, the agreement is binding on the trial court unless the court finds the agreement unconscionable.
A postnuptial agreement cannot provide enforceable terms for child support or custody. However, it can include provisions for alimony since that is considered separately from a spouse's duties as a parent.
Postnups are not strictly legally binding, but they can be more likely to be upheld than prenuptial agreements because there is no looming wedding date putting pressure on the couple to sign up.