Couples often hear about prenuptial agreements as a way to protect their financial interests before marriage, but what happens if you didn’t sign a prenup? The good news is that in California, you can still enter into a postnuptial agreement — a legal contract signed after marriage that addresses how assets, debts, and financial responsibilities will be managed in the event of divorce or death.
But one of the most common questions people ask is: How long after marriage can you get a postnuptial agreement in California? The simple answer is — there’s no time limit. You can create a postnuptial agreement at any point during the marriage. However, timing can affect the enforceability of the agreement. This blog will walk you through everything you need to know about when to create a postnuptial agreement and why timing matters under California law.
What Is a Postnuptial Agreement?
A postnuptial agreement (or “postnup”) is a legal contract between spouses created after marriage. It outlines how a couple’s assets, debts, and property will be divided if they divorce or if one spouse passes away. It can also address issues like spousal support, inheritances, and financial obligations during the marriage.
Unlike a prenuptial agreement, which is signed before the wedding, a postnup is signed at any time after marriage.
When Can You Create a Postnuptial Agreement in California?
There is no specific time frame for when you can create a postnuptial agreement in California. You can draft and sign a postnup at any point during the marriage, whether you’ve been married for two weeks or 20 years.
However, the circumstances surrounding the timing of the agreement can impact its validity and enforceability. California courts may closely scrutinize a postnuptial agreement to ensure that it was entered into voluntarily and without coercion, especially if it’s created after a major event, such as:
A significant financial change (e.g., receiving an inheritance or starting a business)
Marital issues (e.g., infidelity or separation)
A spouse experiencing financial distress
Let’s take a closer look at how timing can impact a postnuptial agreement in California.
Does Timing Affect the Enforceability of a Postnuptial Agreement?
Yes, while there is no deadline to create a postnuptial agreement, timing matters when it comes to whether the agreement will hold up in California probate or family court.
California courts want to ensure that postnuptial agreements are entered into fairly and voluntarily. If a postnup is signed under suspicious circumstances, such as after a serious marital dispute or when one spouse is at a financial disadvantage, the court may question whether the agreement was signed freely or under duress.
Key Factors That Can Affect Enforceability Based on Timing:
Timing Circumstance | How It May Be Viewed in Court |
Created Early in the Marriage | Less likely to be viewed as coercive |
Created After a Major Financial Event | May raise questions about intent, especially if one spouse benefits more |
Created During Marital Issues or Separation | Court may scrutinize for coercion or unfair advantage |
If the court finds that the postnuptial agreement was signed under pressure or is unfair to one spouse, it may be deemed unenforceable.
Why Would You Want a Postnuptial Agreement Later in the Marriage?
Couples often choose to create a postnuptial agreement after life circumstances change. Here are some common reasons why couples seek a postnup after marriage:
1. To Protect Separate Property After a Significant Financial Event
A spouse may receive an inheritance, start a business, or acquire real estate during the marriage. Without a postnup, these assets could be subject to community property laws in California, meaning they could be divided equally in the event of a divorce.
A postnuptial agreement can clarify that certain assets will remain separate property.
2. To Address Marital Issues
Postnuptial agreements are often created after a couple experiences marital challenges, such as infidelity, financial problems, or contemplation of separation. A postnup can provide clarity on financial matters and help rebuild trust in the marriage.
For example, one spouse may agree to limit claims on the other spouse’s assets in exchange for working through the marital issues.
3. To Protect Children from a Previous Marriage
Couples with blended families may want to ensure that certain assets are preserved for children from a prior marriage. A postnuptial agreement can help clarify how assets will be divided and protect inheritance rights.
4. To Modify a Prenuptial Agreement
Some couples choose to modify their prenuptial agreement with a postnup after experiencing changes in their financial situation or priorities.
What Are the Legal Requirements for a Postnuptial Agreement in California?
In order for a postnuptial agreement to be legally enforceable in California, it must meet certain legal requirements:
Voluntary Agreement – Both spouses must sign the agreement voluntarily, without coercion or pressure.
Full Disclosure – Both spouses must fully disclose their assets, debts, and financial obligations.
Fair and Reasonable Terms – The terms must be fair and equitable at the time of execution.
Written and Signed – The agreement must be in writing and signed by both spouses.
Does California Require a Waiting Period for a Postnuptial Agreement?
No, California does not require any waiting period for a postnuptial agreement. The agreement can take effect as soon as both spouses sign it.
However, it’s important to ensure that both parties have had adequate time to review the agreement and consult with their own legal counsel. If one spouse claims that they were rushed into signing the agreement, the court may find it unenforceable.
Can You Create a Postnuptial Agreement Years into the Marriage?
Yes, you can create a postnuptial agreement at any point, even years into the marriage. Some couples may wait 10, 20, or even 30 years to sign a postnuptial agreement due to life events or changes in financial circumstances.
However, the longer a couple has been married, the more closely a court may scrutinize the fairness of the agreement, especially if one spouse stands to lose significant rights or benefits under the postnup.
Key Takeaways: Timing and Postnuptial Agreements in California
There is no time limit for creating a postnuptial agreement in California.
A postnuptial agreement can be created at any point during the marriage.
The timing and circumstances of the agreement can affect its enforceability in court.
It’s essential to ensure that the agreement is fair, voluntary, and properly executed to avoid legal challenges.
Should You Wait to Create a Postnuptial Agreement?
The best time to create a postnuptial agreement is when both spouses are in agreement and trust each other to be fair and honest about their financial situation. Waiting until there is marital discord or financial conflict can make it more difficult to prove that the agreement was signed voluntarily and without coercion.
Need Help Creating a California Postnuptial Agreement?
If you’re considering creating a postnuptial agreement in California, it’s essential to work with an experienced family law attorney to ensure that your agreement is legally enforceable. Our attorneys can help you draft a postnup that protects your financial interests and aligns with California law.
Contact us today for a consultation.
Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions, call (626) 460-1763 or email LV@MoravecsLaw.com.
Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.
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