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What can be included in a postnuptial agreement?

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.

How binding are post nuptial agreements?

A properly prepared and executed postnuptial agreement can bind the parties regarding spousal support, inheritance rights, property division, and debt allocation. However, it cannot decide child support and custody; still, it can make divorce simpler when the parties already agree to necessary divorce decisions.

Are postnuptial agreements valid?

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.

What Cannot be included in a postnuptial agreement?

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.

What makes a postnup invalid?

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.

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