What You Need to Know About Enforcing Postnuptial Agreements in California
Postnuptial agreements help protect spouses’ property and assets in divorce. Here’s how to enforce a postnuptial agreement in California.
California outlines the conditions a postnuptial must meet to be deemed valid and legally binding. If a postnuptial does not meet state requirements, courts cannot enforce the postnup agreement.
What is a Postnuptial Agreement in California?
A postnuptial agreement is a written agreement made after marriage or civil union outlining the division of assets and responsibilities in a divorce or separation. “No-fault” divorce laws, which allow unions to be dissolved if a partner becomes permanently mentally incapacitated or if the couple has “irreconcilable differences” (cannot get along), making postnuptial agreements more common.
A postnuptial can also modify the terms and conditions of an existing prenuptial agreement. The timing of the agreement is the most significant difference between a prenuptial and a postnuptial. A couple drafts and signs a prenuptial before marriage, and in contrast, spouses sign a postnuptial after marriage.
Related: Postnuptial Agreements in California: Is It Right For You?
Why Are Postnuptial Agreements Made?
Postnuptial agreements can protect spouses and their assets in divorce or separation. They also streamline the divorce process and minimize legal expenses. A postnuptial can be helpful in dividing a couple’s affairs and assets, including:
- Inheritances
- Investments
- Protection of a business
- Property division and distribution
- Future assets
- Child support and child custody
- Alimony (financial support for your spouse) and the duration of alimony
Are Postnuptial Agreements Valid in California?
Yes, in divorce or separation, spouses will ask the court to enforce their postnup. Judges can only enforce postnups that California recognizes as valid. If an agreement violates California statutes and requirements, judges cannot enforce the conditions of the postnuptial agreement.
California recognizes postnuptial agreements as long as they meet state-specific requirements, such as being written, signed by both spouses, and notarized. There must be a seven-day waiting period between receiving the agreement and signing it.
Related: How to Create a Postnuptial Agreement in California
What Makes a Postnuptial Void?
Depending on the county in California, judges can void certain parts of a postnup, meaning parties must renegotiate voided sections for the judge to recognize the agreement as valid.
A postnuptial agreement can be deemed void if:
- One of the parties did not receive reasonable time to read and consider the agreement,
- One party was under duress or was pressured to sign the prenup,
- One or both parties lacked financial disclosure,
- The agreement is seen as significantly unfair to one party, or
- The agreement violates California statutes.
How to Enforce a Postnuptial Agreement in California
Courts can review a postnuptial agreement if a spouse believes their partner has violated the postnup or thinks the postnup is invalid. Depending on the court’s jurisdiction, nullifying a postnup can be a lengthy process. If a judge nullifies or deems a postnup void, they cannot enforce the agreement since it is not legally binding.
California outlines the requirements for a valid and legally binding postnuptial agreement and the enforcement procedures courts can take for broken valid postnups. Consequences for violating a postnup can range from a fine to the court requiring the spouse who broke the postnup to repay the damages (a sum of money paid for breaching a contract) to the other spouse.
If a judge cannot enforce a postnuptial agreement, spouses will either have to re-draft a postnuptial agreement, default to a previous prenuptial agreement if one exists or default to California’s marital property division laws. California is a community property state meaning that spouses will evenly split property or assets obtained during a marriage.
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If you or a loved one would like to learn more about how to enforce a postnuptial agreement in California, get your free consultation with one of our family law attorneys today!