Who can create a postnuptial agreement?

As postnuptial agreements are legal contracts governed by state contract laws, both parties to the agreement must be legally able to sign the agreement. This does not necessarily mean that both spouses need to be physically able to sign their names, but they must both be at least 18 years old.

Both spouses must also be able to understand the nature of their financial situation, the nature of the terms included in the agreement they are signing, and understand what would occur if they did not sign the agreement.

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