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Commonly Asked Questions about Postnuptial Property Contracts

You and your spouse can create your own postnuptial agreement, but having it drafted by a legal professional, such as a divorce lawyer, can help ensure its compliant with state laws. In fact, some states require that each party has its own legal counsel, to make sure both spouses fully understand their rights.
Postnups generally hold up in court provided they are fair and equitable, not coerced, comply with the laws of the state, and involve a disclosure of both parties finances. However, if a postnuptial agreement is so one-sided that it shocks the conscious, the court may throw it out.
The following cannot be included in postnuptial agreements: An unfair decision on which spouse shall provide spousal support. An unjust determination of which spouse gets what property after the divorce. Any language related to child custody, child support, or visitation rights.
A postnuptial agreement or postnup, is similar to a prenuptial agreement, but the former legal contract is written and signed after a couple is legally wed. A postnup contract outlines how assets will be divided in the event of a divorce. 5 Signs You Need a Postnup - Investopedia Investopedia articles personal-finance Investopedia articles personal-finance
In California, postnups are generally enforceable if they are executed free from duress and if the agreement comports with the legal transaction requirements between spouses, such as full and fair disclosure of financial information and other fiduciary duty obligations.
A postnuptial agreement is void if it was not voluntarily and intentionally signed by both parties, or if one spouse was coerced or threatened into signing it. If one or both parties are under duress at the time of signing, the postnuptial agreement may be rendered invalid. Why a Postnuptial Agreement Might Be Right for You Pro Legal Care LLC why-a-postnuptial-agreement- Pro Legal Care LLC why-a-postnuptial-agreement-
One strategy that is sometimes used to dissuade further infidelity is to have the unfaithful spouse sign an infidelity post-nuptial agreement. This means the partner would consent to some specified financial payment (or another docHub item of value) to be paid if they cheat again. Does an Infidelity Postnuptial Agreement Prevent Cheating? Verywell Mind does-infidelity-postnup Verywell Mind does-infidelity-postnup
Postnuptial agreements can be contested. If one party believes that the marriage contract was signed under duress or coercion or that a full disclosure of assets was not provided, they may challenge the postnuptial agreement. Your Complete Guide to California Postnuptial Agreements Hepner Pagan, LLP your-complete-guide-to Hepner Pagan, LLP your-complete-guide-to