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California Postnuptial Agreement

A California postnuptial agreement is a legal document that married couples can use to determine the distribution of marital property in the event the marriage ends in divorce or death. Postnuptial agreements are entered into after the marriage has begun, sometimes years or even decades after.
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Updated June 24, 2024

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Signing Requirements

Both parties must sign in the presence of an attorney or notary.[1]

Laws

Prenup v. Postnup: California statutory law on premarital agreements does not govern postnuptial agreements.[1]

Undue Influence: When a postnuptial agreement advantages one spouse, the law, from considerations of public policy, presumes such transactions to have been induced by undue influence.[2]

Sources

  1. In re Marriage of Friedman (2002)
  2. In re the Marriage Bonds (2000)