Already married? Post-marital agreements address property rights, financial obligations, and protect assets acquired during marriage. Expert postnup drafting for married couples seeking financial clarity.
Already married? Postnuptial agreements address property rights, transmutation of assets, and financial obligations under California Family Code §§ 850-853. Stricter requirements than prenups.
Convert community property to separate property (or vice versa) under Family Code § 852. Requires express declaration in writing with full awareness of transmutation.
Change Ownership →Save troubled marriages with postnups addressing infidelity, financial misconduct, or trust issues. Create accountability and financial security allowing reconciliation.
Rebuild Trust →Started business after marriage? Postnup can designate business as separate property, preventing spouse from claiming community property interest in divorce.
Protect Business →Received inheritance during marriage? Keep it separate property under Family Code § 770(a)(2). Prevent commingling and transmutation into community property.
Secure Inheritance →When one spouse sacrificed career for family, postnups can provide security: spousal support guarantees, property division formulas, or compensation for career sacrifice.
Fair Protection →Coordinate postnups with estate plans, trusts, and wills. Waive community property rights at death under Probate Code § 140-147, allowing separate estate planning.
Plan Estate →Postnuptial agreements face stricter scrutiny than prenups because spouses owe each other fiduciary duties. Courts examine for unfair advantage, coercion, and breach of trust.
Spouses owe fiduciary duty under Family Code § 721(b). Courts apply heightened scrutiny to postnups. We ensure agreements meet fairness requirements withstanding challenge.
Unlike prenups, postnups essentially require both parties have independent attorneys. We ensure proper representation preventing unconscionability claims under In re Marriage of Bonds.
Transmutation requires express declaration stating property character change. We draft compliant language preventing invalidation under Estate of MacDonald strict requirements.
Postnups signed during marital crisis face "duress" challenges. We document voluntariness, adequate time for review, and absence of threats or pressure.
Even stricter disclosure than prenups. Complete transparency about assets, debts, income streams. Material non-disclosure voids entire agreement under Family Code § 721.
Postnups need adequate consideration beyond marriage itself (already exists). We structure proper consideration: mutual promises, property transfers, or other valuable exchanges.
Strategic postnup drafting meeting California's strict requirements for marital agreements, ensuring enforceability and fairness.
Discuss marital situation, financial concerns, and goals. Explain heightened scrutiny for postnups. Assess whether agreement serves both parties' interests fairly.
Both spouses provide exhaustive disclosure: all assets, debts, income, separate property, community property. Stricter than prenup requirements. Document everything.
Draft agreement with adequate consideration, express transmutation language if needed, and provisions meeting fairness standards. Spouse's attorney reviews (mandatory independent counsel).
Sign voluntarily without coercion after adequate review time. Document voluntariness, understanding, and independent counsel. Notarize and maintain records proving enforceability.
Get answers to the questions our clients ask most often. Every case is unique — contact us for a free consultation specific to your situation.
A post-marital agreement (also called a postnuptial agreement) is a written contract entered into by spouses after they are already married. Under California Family Code Sections 850-853, spouses can use a postnuptial agreement to change the character of property from community to separate, address financial arrangements, define spousal support, and protect specific assets.
The key differences are timing and legal standards. A prenuptial agreement is signed before marriage while a postnuptial agreement is signed after. California courts apply greater scrutiny to postnuptial agreements because spouses owe each other a fiduciary duty under Family Code Section 721, meaning any agreement between spouses is subject to heightened review for fairness and voluntariness.
Yes, but California courts scrutinize them more carefully than prenups. To be enforceable, a postnuptial agreement must be in writing, signed by both parties, supported by full financial disclosure, entered into voluntarily without undue pressure, and must not be unconscionable. Both parties having independent legal counsel significantly strengthens enforceability.
Common reasons include one spouse starting a new business and wanting to protect it as separate property, a significant inheritance received during the marriage, reconciliation after a separation, estate planning for blended families with children from prior relationships, changes in financial circumstances, or wanting to clarify financial boundaries not addressed before marriage.
Yes. Spouses can agree in advance on the amount, duration, or complete waiver of spousal support in a postnuptial agreement. However, California courts carefully scrutinize any spousal support provisions to ensure they were negotiated fairly and with full understanding. Courts retain the authority to decline to enforce a support waiver that would leave one spouse dependent on public assistance.
Yes. Grounds for challenging a postnuptial agreement include fraud or misrepresentation, failure to disclose assets or debts, duress or undue influence, unconscionability, or failure to comply with formal California law requirements. Having both spouses represented by independent counsel and ensuring complete financial disclosure are the best protections against a successful challenge.
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