[CA] What makes a postnuptial agreement legally valid?
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What Are the Minimum Legal Requirements?
At an absolute minimum, a valid postnup in California must:
- Be in writing.
- Be signed by both spouses.
- Involve full and fair disclosure of each party’s assets, debts, income, and financial obligations.
- Not be based on fraud, coercion, or undue influence.
- Not be unconscionable at the time it was signed.
- Be voluntarily entered into, with both parties understanding the rights they may be giving up.
So to directly answer your question:
No, a template and notarization alone is not sufficient to secure a valid postnup in California.
A basic template might help as a starting point, and notarization can help show the agreement was voluntarily signed, but the courts will look much deeper—especially at disclosure and fairness.
What Should You Do to Strengthen the Agreement?
To help ensure that your postnuptial agreement will hold up in court if ever challenged, here’s what I recommend:
- Exchange Full Financial Disclosures
- Each of you should provide the other with a full accounting of your assets, debts, income, and expenses.
- This should be in writing and attached to the agreement.
- Include supporting documentation (bank statements, property valuations, etc.).
- Consider Independent Legal Counsel
- While not legally required, it’s strongly advised that each spouse consult their own attorney.
- This helps prove the agreement was entered into voluntarily and with full understanding.
- If only one of you uses an attorney, the other should sign a written waiver acknowledging they were advised to seek counsel.
- Avoid Any Pressure or Ultimatums
- Even the appearance of coercion can render a postnup unenforceable.
- If one spouse is reluctant, give them time and space to review and consider.
- Make Sure the Terms Are Fair
- An agreement that heavily favors one spouse—especially without counsel—can be thrown out as "unconscionable."
- Notarize It
- While not required under California law, notarization adds a layer of formality and helps later prove authenticity and voluntariness.
Common Pitfalls to Avoid
- Skipping financial disclosures.
- Using a vague or overly generic template.
- Failing to document that both parties were informed of their right to legal advice.
- Including unenforceable terms like child custody or waiving child support.
Your Next Steps
To move forward, I suggest you and your husband:
- Start by having an open conversation about your goals for the agreement.
- Gather your financial documents and prepare disclosures for each other.
- Review a solid California-specific postnuptial template (I can help locate one if needed).
- Decide whether you each want to hire your own attorney. If not, document that you each had the opportunity to do so.
- Finalize the agreement, sign, and notarize it.
- Keep a copy in a secure place and consider filing a copy with a lawyer or storing it with your estate planning documents.
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My husband and I would like to do a postnup. It is pretty simple and clean. We each agree to keep all of our marital assets, money, etc., separate and not have claims on each other’s in the event of a divorce. Is completing and signing the postnup form here and taking it to a notary sufficient to protect one another?
Have you already taken any steps or actions regarding this issue?
Just paid for a postnup form here that has been filled out and need to download. Other than that, no.
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your postnup agreement.
Nothing else
Hi there and welcome to AskaLawyer. My name is Brandon and I'm an attorney. I'd be happy to help you out today. Please note that this discussion is for guidance only and does not constitute an Attorney-Client Relationship. My answers and comments should not be considered legal advice.
Please also note that I am human, that I often need to research your answer to give you an accurate response, that I work with other customers and get up from time to time. So please be patient while waiting for a response. If more than 30 minutes have passed, please feel free to reach out.
Where are you located?
Hi Brandon, we are in California
How can I assist?
I need to know the minimum my husband and I need to do to properly secure a postnup in California. Would a template from here and getting it properly notarized be sufficient?
What Are the Minimum Legal Requirements?
At an absolute minimum, a valid postnup in California must:
- Be in writing.
- Be signed by both spouses.
- Involve full and fair disclosure of each party’s assets, debts, income, and financial obligations.
- Not be based on fraud, coercion, or undue influence.
- Not be unconscionable at the time it was signed.
- Be voluntarily entered into, with both parties understanding the rights they may be giving up.
So to directly answer your question:
No, a template and notarization alone is not sufficient to secure a valid postnup in California.
A basic template might help as a starting point, and notarization can help show the agreement was voluntarily signed, but the courts will look much deeper—especially at disclosure and fairness.
What Should You Do to Strengthen the Agreement?
To help ensure that your postnuptial agreement will hold up in court if ever challenged, here’s what I recommend:
- Exchange Full Financial Disclosures
- Each of you should provide the other with a full accounting of your assets, debts, income, and expenses.
- This should be in writing and attached to the agreement.
- Include supporting documentation (bank statements, property valuations, etc.).
- Consider Independent Legal Counsel
- While not legally required, it’s strongly advised that each spouse consult their own attorney.
- This helps prove the agreement was entered into voluntarily and with full understanding.
- If only one of you uses an attorney, the other should sign a written waiver acknowledging they were advised to seek counsel.
- Avoid Any Pressure or Ultimatums
- Even the appearance of coercion can render a postnup unenforceable.
- If one spouse is reluctant, give them time and space to review and consider.
- Make Sure the Terms Are Fair
- An agreement that heavily favors one spouse—especially without counsel—can be thrown out as "unconscionable."
- Notarize It
- While not required under California law, notarization adds a layer of formality and helps later prove authenticity and voluntariness.
Common Pitfalls to Avoid
- Skipping financial disclosures.
- Using a vague or overly generic template.
- Failing to document that both parties were informed of their right to legal advice.
- Including unenforceable terms like child custody or waiving child support.
Your Next Steps
To move forward, I suggest you and your husband:
- Start by having an open conversation about your goals for the agreement.
- Gather your financial documents and prepare disclosures for each other.
- Review a solid California-specific postnuptial template (I can help locate one if needed).
- Decide whether you each want to hire your own attorney. If not, document that you each had the opportunity to do so.
- Finalize the agreement, sign, and notarize it.
- Keep a copy in a secure place and consider filing a copy with a lawyer or storing it with your estate planning documents.
Thank you, that helps.
You’re very welcome.
