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Marital Agreements

A marital agreement is only as strong as the process behind it. Careful drafting now prevents costly disputes later.

Prenuptial agreements

A prenuptial agreement sets out how property, income and debts will be treated during the marriage and if it ends. California requires full disclosure and enough time to review the final agreement before signing. In all cases, independent counsel for the other party is strongly recommended.

  • The final agreement must be presented at least seven calendar days before it is signed.
  • Waivers of spousal support are enforceable only in limited circumstances, including that the party giving up support had independent counsel.
  • An agreement signed under pressure, without disclosure, or without understanding its terms is open to challenge.

Postnuptial agreements

Agreements made during the marriage are judged under the duties of good faith that spouses owe each other. If one spouse gains an advantage, the agreement can be presumed to result from undue influence. Changing property from separate to community, or the reverse, requires a written agreement that clearly states the change.

Marital settlement agreements

A marital settlement agreement resolves a divorce on written terms that become the court's judgment. A well-drafted agreement avoids the ambiguities that lead people back to court years later.

Family Code §§ 721, 852, 1612, 1615

Common Questions

Marital Agreements

When should we start a prenuptial agreement?

Several months before the wedding. Starting early leaves time for disclosure, negotiation and the required review period without pressure.

Can a prenup decide child custody or support?

No. Child custody and child support cannot be fixed in advance by a prenuptial agreement.

Do both of us need lawyers?

It is strongly recommended in all cases, and it is required for some provisions, such as limits on spousal support, to be enforceable.

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