California Postnuptial Agreement Lawyer
A property agreement entered into after marriage. California courts apply heightened scrutiny that prenuptial agreements do not face, because spouses already owe each other a fiduciary duty.
Get Started →Why the firm declines a meaningful share of postnup intakes.
Any transaction between spouses that advantages one over the other is presumed to result from undue influence under California’s marital framework, and the spouse asserting the validity of the agreement carries the burden of rebutting that presumption with clear and convincing evidence of full disclosure, separate counsel, voluntariness, and adequate consideration. That heightened-duty framework is the reason the firm declines a meaningful share of the postnuptial engagements that come in. It is also the reason a properly drafted California postnuptial agreement carries weight where a poorly drafted one will not survive the first challenge.
The standard California postnuptial engagement runs six to ten weeks, with substantive disclosure on both sides, independent counsel for the other spouse, and a record that supports enforcement years later. For the broader national postnuptial practice, see Postnuptial Agreement Lawyer.
Who the firm drafts California postnups for.
A Business That Has Grown
A couple where one spouse’s business has grown materially since the wedding and they want the post-wedding appreciation handled in a specific way. Without an agreement, the appreciation attributable to community labor is reallocated under the controlling framework. The postnup opts out with explicit characterization.
A Changed Financial Picture
A couple where the financial circumstances have shifted, including inheritance, the sale of a business, a major liquidity event, or a windfall that changes the asset profile.
No Prenup Was Executed
A couple that did not execute a prenuptial agreement before the wedding and now wants a property framework in place. This is the most common postnup engagement and requires the cleanest record of voluntariness and adequate consideration, because it lacks the wedding-as-consideration framework that supports prenups.
A Business Acquired Mid-Marriage
A couple where one spouse is starting or acquiring a business mid-marriage and wants the appreciation kept separate. The post-marital LLC formation and the postnup run in parallel, with the operating-agreement spousal consent and the postnup characterization aligned.
What the engagement covers.
Each engagement covers the agreement itself, the asset and income disclosures with supporting documentation, the supporting financial statements, the spousal acknowledgment of independent counsel, the certificate of independent legal advice, the consideration analysis required where one spouse waives a property right, the modification and revocation provisions, the choice-of-law and forum-selection clauses, and the contingency provisions for events such as the birth or adoption of children, the death or disability of a spouse, and relocation to a non-community-property state.
For couples with business interests, the agreement also addresses the explicit characterization of business appreciation going forward, the treatment of business income drawn during the marriage, the reformation of any prior characterization that has been commingled, the spousal-consent provisions for membership interests in married members’ LLCs, and the buy-sell triggering events on death or divorce. Detail at Fees.
What most people want to know.
How do California postnups differ from California prenups?
California courts apply heightened scrutiny to postnuptial agreements compared to prenuptial agreements. Spouses owe each other a fiduciary duty under California’s marital framework that does not apply between fiances before marriage. Any transaction between spouses, including a postnuptial agreement, is presumed to result from undue influence if it advantages one spouse at the expense of the other. The drafting attorney must produce a record showing the agreement was entered voluntarily, with full disclosure, with adequate consideration, and without overreaching. The postnup requires more careful drafting and a more developed record than a comparable prenup.
When will the firm decline a California postnup engagement?
Where one spouse is pushing the other toward an agreement that would not survive an undue-influence challenge, where the financial picture is being restructured under pressure, where the spouse being asked to waive rights does not have meaningful access to independent counsel, where the consideration on the disadvantaged side is illusory, or where the timing is driven by an event that itself signals coercion (an impending divorce, a recent affair, a financial threat), the firm declines and explains why. Drafting an agreement that fails enforcement does not protect anyone.
What does a valid California postnup require?
It must be in writing and signed by both spouses. Both must have the opportunity to be represented by independent counsel, and the firm strongly recommends actual representation rather than waiver. The agreement must be supported by full and accurate disclosure of assets, income, and debts, entered voluntarily without duress or undue influence, with substantive terms that are fair at the time of execution. Where one spouse waives a property right, the consideration for the waiver must be adequate and documented.
This page is general guidance, not legal advice on any specific matter. Reading it does not create an attorney-client relationship. Attorney-client relationships are formed only on a signed engagement agreement.
Send a description of the assets being characterized.
The spouses’ financial situation, what prompted the agreement now, and whether both spouses are aligned on the substantive arrangement. The firm responds within one business day with a preliminary read on whether the engagement will hold up.
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