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Postnuptial agreements are generally enforceable if the parties of the document adhere to all state laws regarding inheritance, child custody, visitation and monetary support if a divorce does occur. Property division is one of the primary concerns with a postnuptial agreement.
Postnuptial agreements are generally enforceable if the parties of the document adhere to all state laws regarding inheritance, child custody, visitation and monetary support if a divorce does occur. Property division is one of the primary concerns with a postnuptial agreement.
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.
What Is Typically Included In a Postnuptial Agreement? How the couple will divide property and other assets in the event their marriage ends. Whether one spouse will pay spousal support and how for long such support payments will be continued.
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 spouses duties as a parent.
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A prenuptial agreement does not cover the following: Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law.
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 spouses duties as a parent.
Postnuptial agreements are invalid if it is determined that one of the parties exercised fraud, duress, or undue influence over the other. Fraud generally exists when one party deceived or concealed an important fact that would impact whether or not the other party executed the agreement.
Such agreements are identical, in substance, to prenuptial agreements. However, while Oregon courts have enforced postnuptial agreements, they do not have statutory authorization as do prenuptial agreements. It is important to obtain the guidance of a family law attorney expert in such matters.
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 spouses duties as a parent.

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