In California, a prenuptial agreement is signed before the marriage and a postnuptial agreement is signed after the marriage.
Both define financial rights between spouses, but they differ in timing, legal scrutiny, and practical use. Understanding how California law treats each agreement helps clarify when one may be appropriate and how courts evaluate enforceability during divorce or legal separation.
Prenuptial Agreements Vs Postnuptial Agreements
A prenuptial agreement is a contract signed before marriage that addresses property rights, spousal support, and financial responsibilities. Once spouses are legally married, California law no longer allows a prenup to be created. Any marital agreement signed afterward is classified as a postnuptial agreement.
Postnuptial agreements are authorized under California Family Code and allow spouses to define or modify their property rights during marriage. While the goals may resemble those of a prenup, courts evaluate postnuptial agreements more closely.
| Factor | Prenuptial Agreement | Postnuptial Agreement |
|---|---|---|
| When It Is Signed | Before marriage | After marriage |
| Legal Status After Marriage | Cannot be created once spouses are legally married | Specifically designed for use during marriage |
| Purpose | Defines property rights, spousal support, and financial responsibilities in advance | Defines or modifies property rights and financial arrangements during marriage |
| Governing Law (California) | California Family Code (premarital agreement provisions) | California Family Code (postmarital agreement provisions) |
| Court Scrutiny | Reviewed for fairness and voluntariness | Subject to heightened scrutiny due to fiduciary duties between spouses |
| Fiduciary Duty Between Spouses | Does not yet exist at signing | Fully applies at signing |
| Enforceability Standard | Must be entered voluntarily with full disclosure | Must be fair, voluntary, and free of undue influence |
| Common Uses | Protecting separate property, defining spousal support expectations before marriage | Addressing changes in finances, business ownership, or asset division during marriage |
What Is a Prenuptial Agreement Under California Law
A prenuptial agreement, often called a prenup, is a written contract signed by both parties before marriage. Under California Family Code, a prenup may address property rights, debt allocation, and potential spousal support, as long as it complies with statutory requirements.
California is a community property state, meaning assets acquired during marriage are generally shared equally. A valid prenup can alter that default framework by defining what remains separate property and how certain financial issues will be handled if the marriage ends.
What Is a Postnuptial Agreement Under California Law
A postnuptial agreement, or postnup, is entered into after a couple is already married. Like a prenup, it can address property characterization and financial responsibilities. However, California courts examine postnups more closely due to the fiduciary duties spouses owe each other.
Because spouses already have a legal and financial relationship, California law requires heightened transparency and fairness in postnuptial agreements, particularly regarding disclosure of assets and liabilities.
Timing as the Primary Legal Difference
The most obvious distinction between a prenup and a postnup is when the agreement is signed. Prenups are executed before marriage, while postnups are signed during the marriage. This timing difference affects how courts analyze voluntariness, bargaining power, and informed consent.
In California, prenups must be signed at least seven days after being presented to the other party, and both spouses must have adequate opportunity to review the terms.
Enforceability Standards in California Courts
California courts apply specific statutory requirements to prenups, including full financial disclosure, voluntary execution, and the absence of unconscionable terms at the time of enforcement. Spousal support provisions receive additional scrutiny.
Postnuptial agreements are subject to even stricter review. Courts look closely at whether one spouse gained an unfair advantage or whether the agreement resulted from undue influence, given the confidential relationship between spouses.
Common Reasons Couples Consider Prenups or Postnups
Prenups are often used when one or both spouses enter marriage with significant assets, business interests, or prior family obligations. Postnups may arise after major life changes, such as starting a business, receiving an inheritance, or reassessing finances during marriage.
According to Los Angeles family law attorney Nicole Duncan, these agreements are often evaluated not only for legal compliance but also for whether both spouses had a clear understanding of their financial implications at the time of signing.
How Prenups and Postnups Affect Divorce Proceedings
If a marriage ends, a valid prenup or postnup can influence how property and debts are divided in California divorce proceedings. Courts will enforce qualifying agreements but may set aside provisions that violate statutory protections or public policy.
Issues involving spousal support or complex assets are frequently reviewed alongside guidance from a Los Angeles divorce attorney, particularly when one party challenges enforceability.
Choosing the Right Agreement for Your Situation
Whether a prenup or postnup is appropriate depends on marital status, financial circumstances, and timing. Each agreement carries distinct legal considerations under California Family Code, and the choice often reflects when spouses wish to define or redefine their financial expectations.
Drafting and reviewing these agreements commonly involves a California prenuptial agreement lawyer familiar with Los Angeles family court standards and disclosure requirements.
If you have questions about how California family law applies to your situation, a consultation with an experienced Los Angeles family law attorney can help clarify your options.
