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In general, the California courts assume a prenuptial agreement is valid upon the date it is signed. The courts will assume a postnuptial agreement is invalid, however, until they decide otherwise. You and your spouse will need the courts to approve your postnuptial agreement for it to become valid.
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.
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.
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.
There are many reasons why you and your spouse might consider creating a postnuptial agreement. This is a legally binding contract that allows you to make important decisions ahead of time in the event of a divorce, such as property division.
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As long as your agreement fulfills Californias legal requirements, the courts will consider it valid no matter how long you have been married. In fact, postnuptial agreements are most common among couples who have been married for years, as they understand better how much each party has to gain or lose.
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.
The terms cannot be changed if a couple is separated or in the process of divorce. Changes can only be made before a wedding or during the marriage.
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.
The terms cannot be changed if a couple is separated or in the process of divorce. Changes can only be made before a wedding or during the marriage.

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