A postnuptial agreement california — also called a post marital agreement california or postnup california — is a written contract between spouses that alters their property rights or other legal obligations while the marriage continues. Unlike a prenuptial agreement, which is signed before the wedding, a postnuptial agreement is created after the marriage has already occurred. Can you get a postnuptial agreement california? Yes — but postnups face heightened scrutiny from courts because the parties are already in a confidential fiduciary relationship with each other when they sign.
How Postnuptial Agreements Differ from Prenuptial Agreements
The legal framework for postnuptial agreement california differs from prenuptial agreements in one critical respect: spouses owe each other fiduciary duties under Family Code section 721. These fiduciary duties require the highest good faith and fair dealing — a higher standard than applies to ordinary contracting parties. A prenuptial agreement is negotiated before the parties have entered this fiduciary relationship; a post marital agreement california is negotiated while the fiduciary duty is in full effect.
Courts scrutinize postnuptial agreement enforceable california claims more carefully than prenuptial agreements, looking for evidence that both parties had independent legal advice, fully understood the agreement's consequences, and entered it voluntarily without duress or undue influence. A postnup negotiated during a period of marital crisis — when one spouse is using the threat of divorce as leverage — faces particular scrutiny for voluntariness.
Common Reasons Couples Enter Postnuptial Agreements
Marital agreement after marriage california reasons are varied: one spouse receives a significant inheritance and wants to ensure it remains separate property; the couple wants to specify how their property will be divided if they divorce without going through full litigation; one spouse starts a business during the marriage and wants to ring-fence the business as separate property in exchange for other financial arrangements; the couple is reconciling after a separation and wants new financial terms as part of the reconciliation; or one spouse is going through bankruptcy and the couple wants to protect the other spouse's assets.
Requirements for a Valid Postnuptial Agreement
Postnuptial agreement enforceable california requires: the agreement must be in writing; both parties must sign voluntarily without duress; both parties must have had the opportunity for independent legal counsel; full financial disclosure must be made; the agreement must not be unconscionable at the time of enforcement; and the fiduciary duty standard must be satisfied, meaning the agreement must be substantively fair or the circumstances of execution must affirmatively demonstrate fairness. Courts will more readily invalidate a postnup than a prenup when these requirements are not clearly met.
Furubotten Law, APC drafts and reviews postnuptial agreements throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary consultation before signing any marital agreement.