Postnuptial Agreement



A postnuptial agreement, or postnup, is a contract between two people who are already married. It sets out the parties' respective rights and obligations, as well as the property interests of the parties in the event of divorce or other dissolution of the marriage. A postnup can be an effective and less costly way to resolve many of the same issues that are typically addressed in a divorce agreement.

Divorce often involves highly contested issues that can lead to litigation. The same is often true of postnuptial agreements. When drafting a postnuptial agreement, it is important to have an experienced California divorce lawyer who can draft the agreement so that it is enforceable in the event of a divorce.

For a confidential consultation with a skilled postnuptial agreement lawyer in Whittier, contact the Law Office Of J. David Munoz & Associates at (562) 362-4078.


postnuptial agreement, also known as a post-marital agreement, is a legal contract entered into by a couple after their marriage or civil partnership. Similar to a prenuptial agreement, but executed after the couple are legally committed, this agreement outlines how the couple's assets and debts would be divided in the event of a divorce or separation. It can also stipulate the amount and duration of spousal support. The intent of a postnuptial agreement is to provide financial clarity, avoid disputes, and protect each party's individual rights within the marriage. However, for it to be valid, it must meet certain requirements, such as voluntary participation, full disclosure of assets, independent legal advice for both parties, and fairness at the time of execution.

A postnuptial agreement is enforceable in California as long as it is a valid contract at the time it is entered into. 

To be a valid contract, it must include:

  • Voluntary Participation: Both parties must willingly enter into the agreement. Any signs of coercion or duress can invalidate the agreement.
  • Full Disclosure: All assets, liabilities, and income must be fully and honestly disclosed by both parties. Concealing any financial information may render the agreement unenforceable.
  • Fairness: The agreement should not unfairly favor one party over the other at the time of its execution. 
  • Independent Legal Counsel: Both parties must have the opportunity to consult with their own independent legal counsel. This ensures that each party understands the rights they may be relinquishing.
  • Written Agreement: The contract must be written and signed by both parties.
  • Understanding of Agreement: Both parties must fully understand the terms of the agreement and the implications of signing it.


There are many benefits to drafting a postnuptial agreement, including the following:

  • A postnup can help reduce the cost and duration of a divorce if the parties can agree on property division and other issues.
  • A postnup can help the parties avoid litigation over property division by setting out their respective rights and obligations.
  • A postnup can reinforce the parties' commitment to each other and their relationship.
  • A postnup can protect the parties' property interests in the event of a divorce.

What Types of Issues Are Addressed in a Postnuptial Agreement?

A postnuptial agreement often addresses several key issues to ensure a fair division of assets and responsibilities. It serves as a roadmap for couples in the event of a divorce or separation, providing clarity and minimizing potential conflicts. Here are some of the most common issues that are addressed in a postnuptial agreement:

  • Division of Property: This includes both assets acquired prior to and during the marriage. The agreement can specify which properties are to be considered as separate or marital property.
  • Debt Allocation: Any debts incurred by either party can be addressed in the agreement, stipulating who is responsible for which liabilities.
  • Spousal Support: The agreement may specify the amount and duration of alimony or spousal support one party would receive in the event of a divorce or separation.
  • Child Custody and Support: While child custody arrangements are often determined by the court based on the best interest of the child, a postnuptial agreement can outline agreed-upon arrangements for child support.
  • Division of Business Assets: If one or both parties own a business, the agreement can dictate how business assets and debts would be divided.
  • Retirement Benefits: The agreement can outline how retirement accounts, pensions, and other retirement benefits would be divided.

Our firm at the Law Office Of J. David Munoz & Associates can help you draft an enforceable postnuptial agreement that addresses your specific needs and protects your interests.


Whether you are seeking to enforce a prenuptial agreement or a postnuptial agreement, our attorney can help. We can draft a postnuptial agreement that addresses your specific needs and protects your interests and support you in enforcing this document in the event of a divorce.

For a confidential consultation with an experienced postnuptial agreement lawyer in Whittier, contact our firm today at (562) 362-4078

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