California Prenuptial & Postnuptial Agreements - The Complete Guide (2025 Edition)
Introduction
If you're planning to marry—or are already married—and want to protect your financial future, you may be considering a prenuptial or postnuptial agreement. In California, these contracts are powerful tools that can bring clarity, reduce conflict, and ensure fairness if your marriage ends in divorce or death.
California has unique rules governing prenups and postnups. California Family Code require strict compliance with disclosure, timing, and fairness standards. Missteps can render an agreement unenforceable. That's why having an experienced California prenup and postnup attorney is essential.
This guide will help you understand:
The difference between prenuptial and postnuptial agreements
California's legal requirements for enforceability
Common clauses couples include
When you might benefit from an agreement
Why professional legal guidance makes all the difference
California Prenuptial Agreements (Prenups)
A prenuptial agreement, often called a "prenup," is a contract couples sign before marriage to define how their finances will be handled if they divorce or if one spouse passes away. In California, prenups are particularly important because the state follows community property law, meaning that, by default, nearly all property acquired during marriage is split equally.
What Prenups Can Do in California
A well-drafted prenup can:
Clarify what property is separate vs. community
Protect a family business or professional practice
Define responsibility for debts (such as student loans or credit cards)
Address spousal support (within legal limits)
Safeguard inheritance or gifts for children from prior relationships
What Prenups Cannot Do
Under California law, prenups cannot:
Limit child support or child custody rights
Encourage divorce by including unfair or coercive terms
Violate public policy or basic fairness standards
Benefits of a California Prenup
Clarity: Prevents disputes by setting expectations upfront
Fairness: Protects both spouses by ensuring transparency
Efficiency: Saves time and money if separation occurs
Family protection: Helps preserve assets for children from previous marriages. See how prenups can maximize protection for trust assets
💡 Example: If you own a small business before marriage, a prenup can ensure that future growth of the business remains your separate property, rather than being divided as community property in divorce.
California Postnuptial Agreements (Postnups)
A postnuptial agreement, or "postnup," is similar to a prenup but signed after marriage. These agreements allow couples to address financial issues that arise during the marriage, such as changes in income, property ownership, or family obligations.
Why Couples Choose Postnups
Change in finances: One spouse starts a business or receives an inheritance.
Debt management: Couples want clarity about responsibility for new debts.
Relationship clarity: Helps address financial concerns without pursuing separation.
Key Differences From Prenups
Timing: Prenups are signed before marriage; postnups are signed afterward.
Scrutiny: Courts often review postnups more strictly, since couples are already legally bound.
Use case: Often used when circumstances change significantly during marriage.
💡 Example: If one spouse receives a large inheritance during the marriage, a postnup can ensure that those funds remain separate property and are not commingled.
Legal Requirements in California
California law imposes strict requirements to ensure fairness:
Mandatory waiting period
At least 7 calendar days must pass between presenting the final agreement and signing. Learn more about California's 7-Day Rule for Prenups
Full financial disclosure
Both spouses must provide detailed disclosures of assets, debts, and income. Read what happens if you don't disclose everything
Independent counsel
Each party should have their own attorney. Courts heavily scrutinize agreements signed without legal representation.
Limits on spousal support waivers
Any clause limiting spousal support must be entered voluntarily, with both parties represented by counsel, and must not be unconscionable at the time of enforcement.
Common Provisions in Prenups & Postnups
Well-drafted agreements often include:
Property division: Clarifying separate vs. community property.
Debt responsibility: Assigning responsibility for existing or future debts.
Spousal support: Outlining terms or waiving support (within limits).
Business ownership: Protecting one spouse's company or practice. See how prenups protect businesses in California
Inheritance planning: Preserving separate property for children from prior marriages.
Enforceability & Challenges
Even the best agreements can be challenged in court. Common issues include:
Failure to wait the 7 days before signing.
Missing or incomplete financial disclosures.
Coercion or lack of independent counsel.
Terms that are grossly unfair at the time of enforcement.
Courts will look at whether both spouses entered the agreement voluntarily, with full knowledge, and with a reasonable opportunity to review. Discover the top reasons California prenups get invalidated
Process & Timeline
Prenup process:
Initial consultation
Drafting the agreement
Review by independent attorneys
Waiting period
Final signing before the wedding
Ideally, couples should begin at least 3 months before the wedding to avoid last-minute stress.
Postnup process:
Similar to prenups but with no wedding deadline. Still requires disclosure, fairness, and legal representation.
Why Work With a California Prenup/Postnup Attorney
DIY prenups or online templates may seem convenient, but they often fail California's strict requirements. Working with an experienced attorney ensures:
Full compliance with state law.
Clear, enforceable provisions tailored to your circumstances.
Protection of your rights and long-term financial security.
Find out why online templates and DIY prenups usually don't work in California
Thinking about a prenup or postnup? Don't leave your financial future to chance.
📞 Contact our office today to schedule a consultation and get started.
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