California postnuptial agreement

A California postnuptial agreement is the topic of this blog post. Another name for a postnuptial agreement is an antenuptial agreement. This agreement is basically awritten contract executed by couples after they have gotten married or entered into a civil union and is designed to finalize the settlement of the affairs of the couple in the event that they separate or get divorced. 

A postnuptial agreement is similar to a prenuptial agreement in that they generally include

provisions for the division of property and debts as well as spousal support if the couple gets divorced or separates from each other.  The use of postnuptial agreements is becoming more common although they are not presently as widely used as prenuptial agreements.

The California law supporting the validity of a postnuptial agreement is Family Code § 1500, which states that, "The property rights of husband and wife prescribed by statute may be altered by a premarital agreement or other marital property agreement."

California Family Code § 1502 states in part that such agreements are to be "executed and acknowledged or proved in the manner that a grant of real property is required to be executed and acknowledged" if they are to be recorded in the office of the recorder.  It is always good practice to have all parties to any written agreement, particularly a postnuptial agreement to have their signatures notarized.

Any postnuptial agreement must have all of the basic elements required for a valid contract such as:

Offer

Acceptance

Consideration

Mutual assent

Legality

Capacity

A postnuptial agreement in California should also meet the following requirements:

Be in writing

Must be executed voluntarily

Must be done with full and/or fair disclosure at the time of execution

Must not be unconscionable

Must be executed by both parties (not their attorneys) "in the manner required for a deed to be recorded", known as an acknowledgment, before a notary public  

Any married couple or any couple who has entered into a civil union who have not previously entered into a prenuptial agreement should consider the use of a postnuptial agreement in order to finalize the settlement of their affairs in the event that they separate, get divorced or wish to dissolve their civil union. 

Attorneys or parties in California who would like to view a portion of a 25 page sample postnuptial agreement containing brief instructions, two lists of property and financial obligations and two notary acknowledgments sold by the author can use the link shown below.

Sample postnuptial agreement for California

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The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 255 sample legal documents for California and Federal litigation.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.