In California, a prenuptial agreement cannot be signed after a marriage has already taken place. Instead, married couples may enter into a postnuptial agreement, which serves a similar purpose but is governed by different legal standards under California family law.
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 |
Legal Authority for Postnuptial Agreements in California
Under California Family Code section 1500, spouses may alter their legal property rights through agreement. Additionally, Family Code section 850 permits spouses to change the character of property through a process known as transmutation.
Because spouses owe each other fiduciary duties, postnuptial agreements must meet higher standards of fairness and disclosure than prenuptial agreements.
Key Requirements for Enforceability
California courts generally examine several factors when determining whether a postnuptial agreement is enforceable. These include full and accurate disclosure of assets and debts, voluntary consent by both spouses, and terms that are not unconscionable at the time of enforcement.
Any agreement that appears to unfairly benefit one spouse or was signed under pressure may face heightened scrutiny in Los Angeles family courts.
Common Reasons Couples Consider Postnuptial Agreements
Married couples may explore postnuptial agreements for a variety of reasons, including changes in financial circumstances, inheritance planning, business ownership, or reconciliation after marital conflict. In some cases, couples seek to clarify financial expectations while remaining married.
As Los Angeles family law attorney Nicole Duncan has noted in professional commentary, postnuptial agreements can be useful planning tools, but they require careful drafting to account for the fiduciary relationship between spouses under California law.
How Postnuptial Agreements Relate to Divorce
If a marriage later ends, a valid postnuptial agreement may affect how property or spousal support issues are resolved. Courts will still review the agreement for compliance with California law before enforcing it in a dissolution proceeding handled by a Los Angeles divorce attorney.
When Legal Guidance May Be Helpful
Because postnuptial agreements are subject to strict legal standards, many spouses choose to consult counsel experienced in marital agreements. An attorney familiar with California marital agreements can help explain how postnuptial contracts differ from prenups and what disclosures may be required.
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.
