A postnuptial agreement california — sometimes called a marital agreement or postmarital agreement — is a written contract between married spouses that modifies the default community property rules of California law. Unlike a prenuptial agreement signed before the wedding, a postnuptial agreement california is signed after the marriage has already occurred.
What a Postnuptial Agreement Can Accomplish
A postnuptial agreement california can: convert separate property to community property or vice versa; establish how specific assets will be treated in the event of divorce or death; waive or limit spousal support; protect a business started during the marriage by designating it as one spouse's separate property; address how newly acquired assets will be classified; and resolve disagreements about the character of existing assets. Prenup after marriage california is a common search because couples often realize after the wedding that they should have addressed financial matters — a postnup accomplishes the same goals.
Enforceability of Postnuptial Agreements
Postnuptial agreements in California are governed by stricter standards than prenuptial agreements because spouses owe each other a fiduciary duty. A postnuptial agreement california must: be in writing; be signed by both spouses voluntarily; be accompanied by full financial disclosure; not be the product of fraud, duress, or undue influence; and the terms must be fair and reasonable at the time of signing and at the time of enforcement. Courts scrutinize postnups more carefully than prenups — each spouse should have independent legal counsel. A marital agreement created under pressure or without complete disclosure may be voided entirely. Furubotten Law, APC drafts and reviews postnuptial agreements throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.