What voids a postnuptial agreement?

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.

What are the disadvantages of a postnuptial agreement?

The only downside to signing a postnuptial agreement is that they are less likely to be enforced because courts prefer these types of contracts to be entered into prior to marriage. If you are married and are interested in drafting a postnuptial agreement, it is important that you retain and consult an attorney.

How enforceable are postnuptial agreements?

Before proceeding with a postnup, it's also worth keeping in mind that these agreements are easier to enforce in some states than in others. Most courts tend to uphold the agreements as long as they're written, signed without coercion, and involve a full disclosure of financial information on both sides.

What cannot be included in a postnuptial agreement?

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.

How to write an infidelity clause?

If you do include an infidelity clause, you should be specific about what constitutes infidelity to the two of you. That could include mouth kissing, sending sexy pictures, oral sex, sexting, contacting an old boyfriend or girlfriend on social media, forming a deep emotional bond or even holding hands.

What makes a postnuptial agreement invalid?

Any concealment, deception, or fraud will likely result in the postnuptial agreement being invalidated in court. Family law courts must also believe that the agreement is fair. If a judge believes that the postnup is significantly biased or unfair to one spouse, the document may not stand up in court.

What is the infidelity clause in a postnuptial agreement?

This means the partner would consent to some specified financial payment (or another significant item of value) to be paid if they cheat again. Such agreements, also known as “lifestyle clauses,” can be drafted by family law attorneys.

Can you create your own postnuptial agreement?

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 it's compliant with state laws.

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