Download California Postnuptial Agreement Form [PDF]

Create a California postnuptial agreement and define how you will manage and divide marital property with your spouse in case of a divorce.

Last update: 6 May 2024

Download California Postnuptial Agreement Form [PDF]

The California postnuptial agreement is a legal document that defines how the spouses will manage their property during the marriage and how they will divide their property in case of a divorce.

The main difference between a postnuptial and a prenuptial agreement is about the moment parties sign the document. With the prenuptial agreement, the parties sign the document before they enter the marriage, while with the postnuptial agreement, the parties sign the document after they get married.

Parties can sign the postnuptial agreement whenever they acquire certain assets and liabilities and want to define how to manage/divide them.

Laws and Legal Requirements for a Postnuptial Agreement in California

The laws and legal requirements for a postnuptial agreement in California are outlined in a few provisions of the state law, as well as in the precedents established by the California courts.

One of the most important court cases in relation to the California postnuptial agreement is In re Marriage of Friedman (2002). This case provides that the statutory law on prenuptial agreements doesn’t regulate postnuptial agreements.

Additionally, it states that if a postnuptial agreement benefits only one spouse, the law presumes that undue influence was a factor in its creation.

Signing Requirements for a Postnuptial Agreement in California

The state law provides that the California postnuptial agreement must be made in writing. Besides the written form, the state law also requires both spouses to sign the document.

The parties are not required to notarize their postnuptial agreement. However, this step is always highly recommended since it provides additional confirmation of authenticity for the agreement. This prevents potential disputes between the parties and disables potential fraudulent activities.

Postnuptial Agreement Enforcement in California

The court can declare certain provisions or the whole postnuptial agreement unenforceable if one of the parties proves that:

Postnuptial Agreement Enforcement Conditions

  • They have signed the postnuptial agreement against their will

  • The other party hasn’t provided complete or truthful information about their financial status, and the party making such a claim didn’t in any way waive their right to complete financial status disclosure

What Can a Postnuptial Agreement in California Cover?

The California postnuptial agreement template can cover multiple matters connected to the financial and non-financial relationships of the spouses.

The following are some of the most typical matters that a California postnuptial agreement regulates:

Provisions in a Postnuptial Agreement

  • The rights and obligations of each spouse in terms of their individual property

  • Right to sell, buy, transfer, lease, mortgage, or manage the property parties acquired during the marriage

  • Rules on how marital property will be divided in case of marriage dissolution, separation, death, or any similar event

  • Matters connected with the spousal support, alimony, insurance policy, or pension

  • Matters related to the governing law for the California postnuptial agreement

However, the provisions of the postnup agreement must all be in line with public policy and state law.

Additionally, there are some matters that the postnup agreement cannot regulate. Any provision related to child support will be considered invalid since this matter can be regulated exclusively by the state court.

Postnuptial Agreement in California: Validity Criteria

The first validity criterion for the California postnuptial agreement form is connected with the formality requirements. This means that the postnup agreement will not be considered valid if it’s not made in written form. Moreover, both spouses must sign the document.

The second validity criterion is connected with the existence of marriage. This means that the postnuptial agreement will be considered valid as long as both parties have signed it during their marriage.

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