California postnuptial agreements
A California postnuptial agreement, for couples already married.
Circumstances change after the wedding: a company sells, a parent leaves an inheritance, one of you steps back from work to raise children. A postnuptial agreement puts the new arrangement in writing while you both agree on it. One flat fee, drafted by your attorney, signed from home.
Same goals, different legal standards.
Both agreements do the same work. What changes is when they are signed and, because you are already married, how closely a court reads them.
Prenuptial
Postnuptial
When it is signed
Before the wedding
At any point after it
Waiting period
Seven calendar days between the final agreement and signing
No statutory waiting period
How courts read it
Subject to California’s statutory requirements for premarital agreements, including voluntariness and disclosure.
Subject to heightened scrutiny arising from spouses’ fiduciary duties to one another.
Disclosure
Full financial disclosure by both parties.
Full financial disclosure by both parties, subject to heightened fiduciary obligations.
Why couples come to us
Something was sold, or inherited
A business exit, inherited property, or an unexpected change in employment. Financial circumstances and priorities can change after marriage, and a postnuptial agreement can reflect those changes.
One of you stepped back from work
Raising children or supporting the other’s career has a value. A postnup states what that decision means for both of you.
The prenup never happened
The wedding came fast, or the conversation was postponed. This is the version you can have now, without a deadline.
Five steps, no deadline.
Without a wedding date on the calendar, you can move through the process at a pace that works for you.
The five steps in detail →Getting Started
Contact us by email or schedule a free consultation with the attorney who will draft your agreement. You’ll receive a flat fee quote before anything begins.
Questionnaire and disclosure
We’ll send you a straightforward questionnaire and financial disclosure forms to collect information about your finances and the terms you’d like included in your agreement. The questionnaire explains relevant California law as you go, so you can make informed decisions. Your attorney is available to answer your questions throughout this stage and the rest of the process.
Drafting
Your attorney prepares an agreement tailored to your financial circumstances and goals, incorporating the information you’ve provided through your questionnaire and other communications.
Review and revisions
You review the first draft and let us know if you have any questions or would like any changes. Many clients prefer to go over it on a call. We refine it together, with as many rounds of revisions as you need until it’s right for you. Your spouse then reviews the agreement with their own independent counsel, and we’ll discuss any requested changes with you and counsel. Unlimited revisions are included in your flat fee.
Signing and notarization
Once the agreement is finalized and all applicable legal requirements have been satisfied, you complete online notarization from wherever you are in California.
Questions about postnups
Talk to the attorney who will draft your agreement.
Can you get a prenup after you are married?
Not a prenup, but a postnuptial agreement can address the same financial issues.
Are postnuptial agreements enforceable in California?
Yes, they can be, but no attorney can guarantee the enforceability of any contract. A court looks at whether both spouses disclosed fully, signed voluntarily and whether the terms are fair under the duty of good faith spouses owe each other. An agreement that favors one spouse gets the closest look.
Does each spouse need a lawyer for a postnup?
At West Coast Prenup, we require it. The statute does not, but a court will ask whether the spouse who gave something up understood it, and an attorney on each side is the best way to show that. We can refer your spouse to one if needed.
Client reviews
“Trust and ease from start to finish! Communication was clear and timely and needs and wants were readily acknowledged and evident in the final product.”
“He always answered my questions quickly and I never felt like I was just a name in a file, he took time to answer all of my questions every time.”
Reviews describe individual clients’ experiences and do not guarantee a similar result.
Begin when you are ready
It’s not too late to make these decisions together.
Connect directly with an experienced attorney who will draft your agreement and provide a flat fee quote before any work begins.