Prenuptial Agreement California After Marriage: Is it Possible?

A prenuptial agreement, also known as a prenup, is an agreement made by a couple before they get married. This agreement details how the couple`s assets and liabilities will be divided in the event of a divorce. In California, prenuptial agreements are enforceable as long as they meet certain legal requirements.

But what if you didn`t get a prenup before tying the knot? Is it too late to protect your assets? The good news is, it`s not too late. You can still enter into a postnuptial agreement, which is similar to a prenup but is signed after marriage.

In California, a postnuptial agreement can specify how property and debts will be divided in the event of a divorce. It can also address other issues such as spousal support and the disposition of property upon a spouse`s death.

Why Get a Postnuptial Agreement?

There are several reasons why a couple may want to enter into a postnuptial agreement. One common reason is a change in circumstances that makes a prenup invalid or incomplete. For example, if one spouse inherits a substantial amount of money after the wedding, a postnup can provide a way to protect those assets.

Another reason is a change in the relationship dynamics. Perhaps one spouse has become the primary breadwinner while the other has taken on more domestic responsibilities. A postnuptial agreement can help ensure that both spouses are protected in the event of a divorce.

Finally, a postnup can be a way to address issues that were not included in the prenup. For example, if the prenup did not address the possibility of children, a postnup can specify how custody and support will be handled.

How to Get a Postnuptial Agreement

To get a postnuptial agreement, both spouses must agree to the terms and sign the document. It is important to have separate legal representation to ensure that both parties are fully aware of their rights and obligations under the agreement.

In California, a postnup must also meet certain legal requirements to be enforceable. It must be in writing, signed by both parties, and notarized. The agreement must also be fair and reasonable at the time it is signed.


A postnuptial agreement can be a valuable tool for protecting your assets and ensuring that both spouses are treated fairly in the event of a divorce. If you didn`t get a prenup before marriage, it`s not too late. A postnup can be signed after marriage and still provide important protections for both parties.

As always, it is important to consult a qualified attorney to ensure that your postnuptial agreement meets all legal requirements and provides the protection you need.