In California, marital agreements — including prenuptial and postnuptial agreements — are governed primarily by the California Family Code, particularly under the Uniform Premarital Agreement Act (UPAA), located at Family Code §§ 1600–1617. These agreements allow couples to define financial and property rights either before (prenuptial) or after (postnuptial) marriage.

California is a community property state, meaning that without a valid marital agreement, assets acquired during marriage are generally divided equally upon divorce. Marital agreements provide couples the ability to contract around these default rules.

Relevant California Family Code Sections

  • Family Code §§ 1600–1617: Uniform Premarital Agreement Act (Prenuptial Agreements)
  • Family Code § 1500: Marital property rights may be altered by a premarital or marital agreement.
  • Family Code § 1612: Defines what a prenuptial agreement can cover.
  • Family Code § 1615: Requirements for enforceability, including voluntariness and fairness.
  • Family Code § 721: Fiduciary duty between spouses (relevant for postnuptial agreements).
  • Family Code § 2100 et seq.: Full disclosure requirements.

Requirements for a Valid Prenuptial Agreement (Prenup)

  1. Written Agreement: Oral prenups are unenforceable (Family Code § 1611).
  2. Voluntary Signing: No coercion, duress, or undue influence (Family Code § 1615).
  3. Seven-Day Rule: Each party must have at least 7 days to review the final agreement before signing.
  4. Independent Counsel: Each party should have separate attorneys, or waive counsel in writing.
  5. Full Disclosure: Must include complete and fair disclosure of assets, debts, and obligations.
  6. No Unconscionability: Cannot be grossly unfair at the time of enforcement.
  7. Limits on Child Support: Cannot adversely affect child custody or child support rights.

Requirements for a Valid Postnuptial Agreement (Postnup)

  1. Written Agreement: Must be in writing and signed by both spouses.
  2. Fiduciary Duties: Full disclosure of all financial matters is required, and the agreement must be fundamentally fair (Family Code § 721).
  3. Voluntary Signing: Same voluntariness standards apply as prenups.
  4. No Undue Advantage: One spouse cannot use superior financial knowledge to gain an unfair advantage.
  5. Cannot Promote Divorce: A postnup cannot include incentives for divorce; it must be made in good faith.

Case Studies: Prenuptial Agreements

Case Study 1: Protecting a Family Business

Background:
Olivia owned a growing family winery before marrying Daniel. She wanted to ensure that the business would remain her separate property in case of divorce.

Prenup Terms:
Clearly stated that the winery, including its growth and profits, would remain Olivia’s separate property.

Result:
In divorce proceedings years later, the court enforced the prenup, and Olivia retained the winery intact.

Case Study 2: Defining Spousal Support Limits

Background:
Before marrying, Ethan and Maya agreed that neither would seek spousal support if the marriage ended after fewer than five years.

Prenup Terms:
Included a detailed waiver of spousal support, reviewed with independent counsel.

Result:
The court upheld the waiver because it was not unconscionable at the time of enforcement, and both had independent lawyers.

Case Study 3: Preserving Inheritance Rights

Background:
Michael was set to inherit significant wealth from his parents. He wanted to ensure that his future inheritance stayed separate.

Prenup Terms:
Specified that all inheritance, regardless of how received or managed, would remain Michael’s separate property.

Result:
The prenup was enforced after the couple’s separation, preventing any claim on the inherited wealth.

Case Studies: Postnuptial Agreements

Case Study 1: Reconciliation After Separation

Background:
After separating, Henry and Sofia decided to reconcile but wanted financial clarity moving forward.

Postnup Terms:
They entered a postnup defining certain property divisions in case of future divorce.

Result:
When the marriage later failed, the postnup was enforced, simplifying the asset division process.

Case Study 2: Significant Career Changes

Background:
After marrying, Emma’s tech startup succeeded wildly. She and her spouse decided to clarify property rights due to the new wealth.

Postnup Terms:
Designated Emma’s business growth as her separate property, while providing her spouse with additional marital assets to balance fairness.

Result:
In later divorce proceedings, the court upheld the agreement after finding full disclosure and fairness.

Case Study 3: Addressing Debts Incurred During Marriage

Background:
Sarah’s husband, Jeff, accrued significant gambling debts during the marriage. They agreed that future debts would be Jeff’s separate responsibility.

Postnup Terms:
Clearly allocated responsibility for future debts and protected Sarah’s earnings and property.

Result:
During a later bankruptcy filing, Sarah’s assets were protected because of the valid postnuptial agreement.

How to Create a Valid Prenup or Postnup in California

Step 1: Initial Consultation

  • Meet separately with an attorney (each party should ideally have their own lawyer).
  • Discuss goals: Protect assets, define support, assign debts, etc.

Step 2: Full Financial Disclosure

  • Both parties must fully disclose:
    • Income
    • Assets
    • Debts
    • Property interests

Step 3: Drafting the Agreement

  • Attorney prepares a written draft of the agreement.
  • Clearly outline:
    • Separate vs. community property
    • Spousal support terms
    • Debt responsibilities
    • Treatment of future earnings or inheritances

Step 4: Review and Revisions

  • Parties and their attorneys review the draft.
  • Make necessary changes or clarifications.

Step 5: Compliance Checks

  • Ensure:
    • Voluntary signing (no coercion).
    • Seven-Day Rule: At least 7 days to review before signing (for prenups).
    • Independent Counsel advised or waived properly.

Step 6: Execution of Agreement

  • Both parties sign the agreement.
  • Ideally, signatures should be notarized for additional security.

Step 7: Safekeeping

  • Store signed agreements safely.
  • Each party should retain a copy.

Special Notes:

  • A prenup cannot limit child custody or child support rights.
  • Postnups must meet higher fiduciary standards (due to existing marriage relationship).
  • Courts will review agreements for fairness at the time of enforcement.

We can guide you step-by-step through drafting, reviewing, and finalizing your marital agreements to ensure they are enforceable and protect your future. Schedule a consultation today!