Prenuptial and Postnuptial Agreements in California: How They Impact Divorce
Marriage is a significant commitment, and couples often hope for the best while planning for their future together. However, it is equally important to consider how finances and assets would be handled in the unfortunate event of a separation or divorce. Prenuptial and postnuptial agreements are valuable tools that allow couples to establish clear terms for property division, spousal support, and other financial matters, providing clarity and reducing conflict should the marriage end. At Blasser Law, we assist clients in Claremont, Los Angeles, and the San Gabriel Valley in creating, reviewing, and enforcing prenuptial and postnuptial agreements that align with California law.
What Are Prenuptial and Postnuptial Agreements?
A prenuptial agreement (commonly called a “prenup”) is a contract entered into by two individuals before they get married. It typically outlines how assets and debts will be divided in the event of a divorce, as well as whether spousal support will be paid. A postnuptial agreement (or “postnup”) serves a similar purpose but is created after the couple is already legally married. Both agreements must comply with California’s legal requirements to be considered valid and enforceable. These documents can also address estate planning considerations, debt responsibility, and ownership of real property, offering couples an opportunity to clarify expectations before disputes arise.
How These Agreements Impact Divorce
One of the primary benefits of prenuptial and postnuptial agreements is the ability to avoid contentious disputes during a divorce. By predetermining how property and finances will be handled, couples can save time, money, and emotional strain. Without these agreements, California’s community property laws will govern property division, meaning marital assets and debts are divided equally. For couples who have accumulated significant assets, own businesses, or have children from previous relationships, leaving property division to default state law can lead to outcomes that do not reflect their wishes.
For example, a prenuptial agreement can specify that a business owned by one spouse before marriage remains their separate property, even if it grows in value during the marriage. This provision can be critical in protecting business operations from disruption and preserving ownership interests. Similarly, a postnuptial agreement can address how newly acquired assets or inheritances will be handled. These agreements can also waive or limit spousal support, although courts will closely scrutinize such provisions to ensure fairness and that both parties fully understood the terms when signing.
Prenuptial and postnuptial agreements can also impact divorce proceedings by streamlining negotiations. Couples with clear, enforceable agreements often avoid lengthy litigation because the terms of property division and support have already been decided. This can be especially beneficial for families with children, as a less contentious divorce process generally supports the children’s emotional well-being.
Requirements for a Valid and Enforceable Agreement in California
California law imposes strict requirements for prenuptial and postnuptial agreements to be legally binding. First and foremost, the agreement must be in writing and signed by both parties. Oral agreements are not enforceable. Both parties must voluntarily enter into the agreement, without coercion or undue pressure, and courts will look carefully at the circumstances surrounding the signing.
Each party must also fully disclose all assets, debts, and income. Failure to provide a complete and accurate disclosure can lead to the agreement being invalidated later. This transparency requirement ensures that both parties understand what they are agreeing to and that the agreement is fundamentally fair. Additionally, both parties should be represented by independent legal counsel. California law requires that a party who waives the right to their own attorney must do so in a separate written acknowledgment, and courts are far more likely to uphold agreements when both sides had legal representation.
Another critical requirement is fairness. Courts will examine the terms of the agreement to ensure it is not unconscionable at the time it was signed. For instance, an agreement that leaves one spouse with nothing while the other retains significant wealth may be deemed unfair and unenforceable. Courts may also evaluate whether either party was at a disadvantage during negotiations, such as lacking English fluency or legal knowledge. There is also a mandatory waiting period for prenuptial agreements: the party being asked to sign must be given at least seven days to review the final version before signing, allowing adequate time to consult an attorney.
Challenging or Enforcing Prenuptial and Postnuptial Agreements
In some cases, one spouse may seek to challenge a prenuptial or postnuptial agreement during divorce proceedings. Common grounds for challenging these agreements include lack of full disclosure, coercion, absence of independent counsel, or terms that are extremely unfair. A spouse might also argue that they signed the agreement under duress, particularly if the timing of the signing was close to the wedding and there was pressure to proceed with the ceremony.
Conversely, the spouse seeking to enforce the agreement will need to demonstrate that all legal requirements were met and that the agreement was entered into knowingly and voluntarily. Courts will evaluate evidence such as financial disclosures, attorney certifications, and the circumstances of the signing to determine validity. If the agreement is deemed enforceable, its terms will govern the division of property and support obligations, even if they differ from what California law would otherwise dictate.
Because prenuptial and postnuptial agreements can have a substantial impact on the outcome of a divorce, having experienced legal counsel is essential. An attorney can help ensure the agreement is drafted correctly, negotiate fair terms, and protect your rights if the agreement is ever challenged in court. Legal representation is also crucial when attempting to invalidate an agreement that was unfair or improperly executed.
Why Work with a Family Law Attorney?
The legal complexity surrounding prenuptial and postnuptial agreements makes it critical to work with a knowledgeable family law attorney. At Blasser Law, we provide comprehensive guidance to help couples create agreements that stand up to legal scrutiny while reflecting their unique circumstances and priorities. We work closely with clients to ensure full financial disclosure, fair negotiation, and compliance with California’s procedural requirements.
We also assist clients in enforcing or challenging these agreements in divorce proceedings. If you are considering a prenuptial or postnuptial agreement, it is essential to begin the process early to avoid the appearance of coercion and to give both parties ample time to review the terms. If you are already married and want to clarify your financial rights, a postnuptial agreement can be just as effective as a prenup in providing peace of mind.
By taking proactive steps to address financial matters with a prenuptial or postnuptial agreement, couples can avoid uncertainty and protect their interests. These agreements allow you to focus on building your relationship with the knowledge that you have already resolved potential disputes about property and finances. In addition, clear agreements can protect children from previous relationships, preserve family businesses, and reduce the likelihood of litigation.
Contact Blasser Law Today
If you need assistance with a prenuptial or postnuptial agreement, or if you have questions about how these agreements might affect your divorce, contact Blasser Law in Claremont for a consultation. We proudly serve clients throughout Los Angeles and the San Gabriel Valley, providing trusted advice and effective legal solutions for all family law matters. Our attorneys have extensive experience drafting, reviewing, and litigating prenuptial and postnuptial agreements, and we are committed to helping you secure a stable financial future.
