What is a Postnuptial Agreement?
What is a postnuptial agreement? A postnuptial agreement is a contract similar to a prenuptial agreement, except the couple signs it after they are married.
Typically, a postnuptial agreement addresses issues similar to a prenuptial agreements. This includes which assets are community property or separate property, who is responsible for debts, and which party will be responsible for alimony.
In California, courts generally enforce postnuptial agreements, so long as certain conditions are met. These are the same conditions that the court requires for a valid prenuptial agreement. The agreement must be in writing and both parties must voluntarily agree to the terms (i.e. one spouse cannot threaten divorce unless the other one signs). The parties must voluntarily enter into the agreement and have it reviewed with separate attorneys. There must be a full disclosure of assets, debts, and income. The terms of the agreement must be fair.