PRENUPTIAL
POSTNUPTIAL
Prenuptial and Postnuptial Agreements in California
Protecting What You've Built, Planning What You'll Share
At Perkins Family Law, PC, we help couples protect their futures and preserve harmony through clear, customized marital agreements. Whether you are preparing for marriage or addressing financial arrangements after you’ve already said, “I do,” a well-crafted agreement can help ensure peace of mind and avoid conflict later.
Understanding Prenuptial Agreements
A prenuptial agreement (often called a “prenup”) is a contract made between two people before marriage that outlines how finances and property will be handled during the marriage and in the event of divorce or death. In California, prenups are governed primarily by the Uniform Premarital Agreement Act (Family Code §§ 1610–1617). You can never waive future child support payments via a prenuptial agreement.
Common provisions include:
- Identification and confirmation of separate property
- Division of community property and debts upon divorce
- Spousal support (alimony) waivers or limitations (subject to fairness at enforcement)
- Inheritance rights and estate planning coordination
- Protection of family businesses, professional practices, or investments
To be enforceable in California, a prenuptial agreement must:
- Be in writing and voluntarily signed by both parties
- Include fair and full disclosure of assets and debts
- Provide at least 7 days between presentation of the final agreement and signing
- Allow both parties an opportunity to consult independent legal counsel
Understanding Postnuptial Agreements
A postnuptial agreement is similar to a prenup but is entered into after marriage. Couples use postnups for many reasons — to clarify financial expectations, address new assets, or restructure property rights after major life or business changes.
Unlike prenups, postnuptial agreements must meet stricter fiduciary standards because spouses owe each other a duty of the highest good faith and fair dealing.
The agreement must be:
- Voluntary, with full financial disclosure
- Fair and reasonable at the time it is executed
- Free from coercion or undue influence
Postnuptial agreements can help couples:
- Protect inheritances, family wealth, or business interests
- Define or modify community and separate property
- Establish clear expectations for financial management
- Provide a structure for debt responsibility or spousal support
At Perkins Family Law, PC, we provide comprehensive guidance at every stage of the process:
- 1.
Thoughtful Counseling
We start with a confidential consultation to understand your relationship dynamics, goals, and financial landscape. Our approach is empathetic, transparent, and solution oriented. - 2.
Careful Drafting and Review
Our attorneys draft clear, enforceable agreements tailored to your specific needs, ensuring compliance with California Family Code requirements and fairness standards. - 3.
Independent Representation
If your fiancé(e) or spouse already has a proposed agreement, we can provide independent review and counsel to protect your interests before signing. - 4.
Collaboration and Mediation Options
We can guide couples through a collaborative law or mediation process to create mutually beneficial agreements without conflict, preserving goodwill and trust.
At Perkins Family Law, PC we have:
- Experience in Family Matters
We bring a deep understanding of California family law. - Collaborative, Non-Adversarial Approach
Ideal for couples who value respect, transparency, and fairness. - Local Expertise
Serving Mendocino County with compassion and integrity.
PRENUPTIAL AND POSTNUPTIAL AGREEMENTS Q&A
Frequently Asked Questions
Here are some Frequently Asked Questions regarding Prenuptial and Postnuptial Agreements, to better help guide you through the process.
Do both partners need their own attorney?
Can a prenup cover child custody or child support?
No. California law does not allow parents to predetermine child custody or child support in a prenuptial or postnuptial agreement. These issues are always decided based on the best interests of the child.
Are prenuptial agreements enforceable in California?
Generally, yes—if they were entered into voluntarily, with full financial disclosure, and in compliance with all statutory safeguards. A court may refuse to enforce an unfair or coerced agreement.
Can we change or cancel a prenup after marriage?
Yes. Spouses can amend or revoke a prenuptial agreement after marriage by signing a written agreement that meets the same formalities as the original.
What is a Postnuptial Agreement?
A postnuptial agreement, or postnup, is entered into while the couple is already married, often to clarify financial rights or obligations.
What if my partner doesn’t want a prenup?
That’s common. We can help you explore collaborative or mediated discussions that focus on mutual protection, transparency, and future planning—rather than distrust. We can also inform and educate clients about their legal rights and likely outcomes that could occur in a divorce litigation case.