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The leading, comprehensive California postnup Get financially-organized & total peace of mind with a state-specific California postnuptial agreement. Join waitlist “Like Turbotax for postnups.” (real quote from one of our customers!) Enjoy the collaborative, private experience of answering questions & deciding the terms of your agreement together as a couple in the comfort of your own home. Only $2499 per couple California requires each party to have independent counsel to advise & sign off on their agreement. Lucky for you, those are included in your postnup.com agreement, too. Excellent 4.8 Trustpilot Real California attorney support and services in-app Affordably access support from California-based attorneys any time — all online. FROM THE POSTNUP EXPERTS Why would someone want a postnup in California? A postnup (also known as a marital property agreement, postmarital agreement, or marital settlement agreement in California) is a contract that spouses enter into after tying the knot. There are a few different reasons why couples may opt for a postnup rather than a prenup:

‍ - Ran out of time to create a prenup: In California, there must be at least 7 days between the presentation of the final prenup and when the couple signs it. If a couple plans to get married before the end of this 7-day timeframe, then it’s too late to obtain a prenup. However, a couple can opt for a postnup instead.

Change in financial circumstances: If one spouse receives an unexpected financial windfall during the marriage (i.e., a large inheritance, a business becomes more successful than projected, etc.), couples may want to specify that these assets remain separate property in the event of a divorce. Similarly, if one spouse acquires a massive amount of unexpected debt (i.e., student loans, medical debt, credit card debt, etc.), a couple can specify which spouse will be responsible for its repayment.
Large purchase: If a couple plans to make a large purchase such as land or a house, they may want to outline their rights and obligations through a postnup.‍
Change in personal circumstances: If there is a significant life change between the couple, such as a disability, unexpected child rearing, or something else, they may want to outline new terms for their marriage.

Prenups vs. postnups Wondering about the similarities and differences between the two? Let’s dive in and take a look:

California Prenup California Postnup

Timing Executed by both fiancés before marriage. Must wait at least 7 days after the terms of the agreement are finalized before the prenup can be signed and notarized ( Cal. Fam. Code § 1615(c)(2)(B) ). Executed by both spouses after marriage.

Purpose Typically, it is to protect the separate property that each fiancé brings to the marriage. Allows a couple to outline how assets, debts, and spousal support will be handled in the event of a divorce. Often entered into after a change in one or both spouses' financial circumstances to reach an amicable settlement before filing for divorce or if the parties ran out of time to create a prenup. Allows spouses to address property division and spousal support in the event of a divorce.

Amendment "After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration" ( Cal. Fam. Code § 1614 ). Changes to a postnup must be in writing, incorporated into the revised document in clear and unambiguous terms, and signed by both parties ( In re Marriage of Friedman, 100 Cal.App.4th 65 (2002) ). ( In re Marriage of Hufford, 152 Cal.App.3d 825 (1984) ).

Legal Representation Required if spousal support is waived or modified in the prenup ( Cal. Fam. Code § 1612(c) ). Although not required under California law, it is highly recommended to have legal representation. The court will consider whether both spouses were represented if one spouse argues that the other spouse has obtained an unfair advantage over them ( In re Marriage of Burkle, 139 Cal.App.4th 712 (2006) ).

What are the requirements of a valid and enforceable postnuptial agreement in California? To be enforceable in California, a postnup must comply with the requirements outlined in California case law, general contract law, and specific state statutes (i.e., Cal. Fam. Code Section 721 ). Here are the requirements: Can include: Spouses can decide how to characterize their property. Specifically, spouses can agree to treat community property as separate property. Property division terms in the event of divorce. Debt allocation in the event of divorce. Inheritance rights upon death. Any other matter that doesn’t violate California law or public policy. Cannot include: Terms regarding child support. Terms regarding child custody. Terms about spousal support. Unconscionable (overly one-sided) terms that give an unfair advantage to one spouse over the other. Illegal terms or terms that would cause one spouse to break the law. Ambiguous terms about property characterization. Any intention to classify community property as separate property must be expressly stated in writing ( In re Marriage of Benson , 36 Cal.4th 1096 (Cal. 2005) ). California Postnup ‍ Case Law ‍ The Legal Standards California courts may apply in a postnup

In re Marriage of Haines

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A wife transferred her ownership in the couple's home to her husband so he would co-sign a car loan for her. This happened during a difficult period in their marriage, and the wife claimed the husband had been abusive during a discussion about the transfer.

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Later, when the couple divorced, the husband argued that the house was entirely his because of the transfer and he should be reimbursed for his contributions to it. The initial court agreed, finding no evidence of pressure or unfair tactics that would invalidate the transfer. However, an appeals court overturned this decision.

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The higher court emphasized that spouses have a special responsibility to be fair and honest in dealings with each other. Because the husband gained a significant advantage by getting full ownership of the house in exchange for simply co-signing a loan, there was a presumption of unfair influence. The husband failed to prove that the wife fully understood the consequences of the transfer and acted freely. Therefore, the court voided the transfer, restoring the wife's ownership share in the house and treating it as shared property in the divorce.

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Bottom line? California courts focus on the “unique nature of the marriage contract” and have an interest in protecting spouses from unfair transactions. An advantaged spouse must show that an interspousal transaction was free from undue influence. Otherwise, the court can set aside the transaction altogether.

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In re Marriage of Haines, 33 Cal.App.4th 277 (Cal. Ct. App 1995)

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Postnup upheld even where one spouse received a greater share of assets than the other spouse

In re Marriage of Burkle‍

Ronald and Janet Burkle married in 1974. Janet filed for divorce in 1997, but the couple decided to reconcile and entered into a postnuptial agreement. Janet would receive financial security to continue to maintain the lifestyle she enjoyed during the marriage. The husband would have the freedom to make investments that could generate lucrative returns. ‍

During their marriage, Ronald acquired significant wealth from two multi-million dollar business mergers. The first merger occurred two months before Janet signed the postnup, and the second merger occurred four months after Janet had signed the postnup. ‍

In 2003, Janet filed for divorce again. However, she argued that Ronald failed to fully disclose his financial information to her. As such, Janet argued that the agreement was unfair and, therefore, unenforceable. However, the court ultimately disagreed with Janet and ruled that the postnup was enforceable.

Here’s how the court reached this decision: - Ronald did not pressure or threaten Janet in any way to get her to sign the agreement.

Ronald made all of his relevant financial information available to Janet’s team of attorneys, three certified family law specialists, accountants, and a private investigation firm for review and inspection.
Ronald fully disclosed reasonable estimates of the value and characterization of the community property and his separate property. Janet was aware of Ronald’s first merger before she signed the postnup, and Ronald disclosed the possibility of the value of the second merger.
Janet accepted the benefits she received under the agreement for over 5 years before she raised a claim related to the second merger.
Both parties received mutually agreed-upon benefits and were represented by legal counsel. Both spouses acknowledged that neither spouse obtained an unfair advantage as a result of the agreement.

Bottom line? California courts will enforce a postnup where both spouses enter into it voluntarily with sufficient knowledge and understanding of the other spouse’s financial circumstances. An agreement that results in one spouse walking away with more assets does advantage one spouse over the other.

However, the advantage must be unfair. As long as both spouses receive mutually agreed-upon benefits, the court is likely to find the terms to be fair and, therefore, enforceable. Additionally, the court is likely to enforce a postnup that includes a written acknowledgment of the agreement’s fairness and where both spouses are represented by legal counsel.

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In re Marriage of Burkle, 139 Cal.App.4th 712 (2006)‍

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Postnups are reviewed for their validity at the time they were made

In re Marriage of Friedman‍

A husband, facing a leukemia diagnosis shortly after marrying, had his attorney draft a postnuptial agreement to protect his wife from potential creditors. The agreement clearly stated that each spouse's assets and debts would remain separate. ‍

Despite the wife being an attorney herself, and acknowledging she understood the agreement, she later challenged it during their divorce, claiming it was invalid because she didn't sign a conflict of interest waiver with the husband's attorney.‍

However, both the trial court and the appeals court upheld the postnup, recognizing that it was properly executed and the wife was aware of its terms from the beginning.‍

Here’s how the court reached this decision: - Wife was advised of the potential conflict of interest verbally and in writing and voluntarily entered into the postnup. Acting as her own attorney, wife even made revisions to the agreement and signed it. Moreover, as an attorney, wife understood the legal effect of a postnup.

There was no factual support for wife’s argument that the agreement was obtained by husband’s undue influence or any other fraudulent or coercive means for that matter.
The postnup did not favor one spouse and it actually protected wife from husband’s creditors.
Postnups are reviewed for their legality at the time they were entered into. Subsequent events that may unexpectedly favor one spouse should not dictate how the court decides whether a postnup is valid and enforceable.

Just because one spouse’s financial circumstances may unexpectedly improve by the time of divorce, that alone is not sufficient to invalidate a prenup. Assuming the spouses entered into the postnup voluntarily, with full knowledge of the facts, and an understanding of the agreement’s legal effect, the court will honor the terms of the spouses’ agreement.‍

In re Marriage of Friedman, 100 Cal.App.4th 65 (2002) Is California the right state  to choose? - Do you and your fiance live in different states?

Do you plan to move to another state soon?
Own two houses in different states?

You are free to choose whichever state you would like for your Postnup.com postnup, but it is common practice and commonly accepted that you should choose the state in which you plan to reside as a married couple. Your choice of state (this is what we call “choice of law”) determines which state will determine enforcement of your prenup in the event of a divorce. ‍ Example scenario: Let’s say you live in California now, but you and your honey plan to move to either Florida or Massachusetts after you get married. Should your prenup be for California, Florida, or Massachusetts? This is where ‘choice of law’ comes in. If you know 100% that you are moving to Florida right away and you plan to live in Florida as a married couple forever and ever, Florida seems like a logical choice. But—if you are not sure whether you will move, when you will move, or where you will move? You should contact a licensed attorney to talk about what laws in those states look like. HOW OUR POSTNUP WORKS Easy, all-in-one solution, completed in a day 1 Fill out your questionnaires Share your goals and assets in your personal questionnaires. 2 Align on clauses together Compare answers and align on your postnup terms together. 3 Review with your attorneys Meet with your own attorney to further customize your postnup. 4 E-sign and notarize On-demand notarization using our integration with Proof. Join waitlist Certified Top Attorneys Standing By Attorney support at a fraction of the cost Ask an attorney any time (real quote from one of our customers!) Have a legal question? Chat with your attorney at any time directly in your account with our attorney messenger. How it works Included representation Attorneys are not optional. Your Postnup.com postnup comes with an attorney for you and one for your partner too. Pricing Online notarization Skip the drive to the notary. E-sign & notarize your agreement in minutes through our integrated partnership with Proof. Attorney services A TRUSTED POSTNUP THAT’S AFFORDABLE We value full   financial transparency It's never too late to get on the same page as your spouse. Our postnups are designed to be collaborative, not adversarial. Simply answer some questions on your individual accounts, disclose your finances, and then finalize your language with your attorneys. Postnup.com packages include e-signature & notarization through our integrated partnership with Proof. It’s free to start creating and then requires a one-time payment of $2499. Want to pay in installments? We offer interest-free financing through our partners Afterpay & Klarna.

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Wyoming A postnup isn’t just about protection. It’s about transparency with your partner. Join waitlist Book a free consultation FROM THE BLOG Learn more about California postnups Check out these articles written by our prenup specialist, Nicole Sheehey, Esq. View all articles Join waitlist BY Nicole Sheehey

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