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Is your postnuptial agreement valid?

If you missed out on creating a prenuptial agreement before your wedding day, it's not too late to take action. You still have the opportunity to create a postnuptial agreement with your spouse, which is essentially the same thing.

There are many things to include in a postnuptial agreement, such as provisions regarding property and debt division.

Conversely, there are things you can't do when creating a postnuptial agreement. Here are a handful of things that can invalidate your agreement:

  • Opting for a verbal postnuptial agreement as opposed to a written agreement
  • Pressuring your spouse to sign a postnuptial agreement
  • Asking your spouse to sign a postnuptial agreement before reviewing it
  • Including invalid provisions
  • Including incomplete or false information
  • An agreement that is grossly unfair to one person

It sounds easy enough to prevent these postnuptial agreement mistakes, but it's possible for one or more of them to sneak up on you. This is often the result of rushing the process, as you both want to put it in the past as soon as possible.

If you're interested in creating a postnuptial agreement with your spouse, answer these questions:

  • What should you include and what should you leave out?
  • What steps can you take to avoid confrontation and bad feelings?
  • Are there any sticking points that can cause an argument?

By answering these questions, you can prepare yourself accordingly.

The most important thing to remember is that you must create a valid postnuptial agreement. If you neglect to do this, it may not be enforceable in the event of a future divorce.

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