If both people are rational and can discuss their individual values and intentions, as well as what they can agree on, the agreement can be more fluid. However, if they are faced with a future divorce, their views may change. However, one of the issues relating to living or unborn children and the maintenance of children, specifically prohibited by Section 1612(b) of the Family Code, is one that cannot cover either type of agreement. In practice in California courts, legal scholars know that custody and access issues should also not be included in a marriage or estate contract. Before proceeding with a post-up, you should also keep in mind that these agreements are easier to enforce in some states than in others. . . .