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Postnuptial Agreements
Lawyer in Santa Clara

In California, a postnuptial agreement can accomplish many of the same goals as a premarital or prenuptial agreement, just after marriage instead of beforehand.

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Steps to create a postnuptial agreement

01

Identify what you want to keep as separate property

02

Clarify what spousal support, if any, you want to provide

03

Craft the postnuptial agreement

What is a postnuptial agreement?

A postnuptial agreement is a written agreement executed after a couple gets married, or have entered a civil union, to settle the couple's affairs and assets in the event of a separation or divorce. It can be subject to the statute of frauds, which basically means it will need to be signed and notarized.

Are postnuptial agreements enforceable in California?

In California, the agreement must be in writing. Both spouses must have their own attorney guiding them, and the agreement should be notarized. If a postnuptial agreement meets these three conditions, it will likely be enforceable.

What voids a postnuptial agreement?

Postnuptial agreements must be in writing and be voluntary. That means both parties must have signed the agreement voluntarily and intentionally. Any indication that one spouse coerced, threatened, or tricked the other into signing will make a postnuptial agreement null and void.

How much does a postnuptial agreement cost in California?

The cost of a postnuptial agreement varies significantly in California. On average, you can expect to pay between $500 and $5,000 to have an attorney draft a postnuptial agreement, depending on the complexity. The more complex the agreement, the more it'll cost.

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