A Postnuptial or Post-marital Agreement is a contract entered into by a couple after they have already entered into a Marriage or Domestic Partnership. Like a Prenuptial/Pre-marital Agreement, it also relates to division of property and spousal support in the event of dissolution or separation, as well as death of one of the spouses.

Postnuptial Agreements, like Prenuptial Agreements, must contain the following elements:

  • The agreement must be in writing.
  • The agreement must be entered into voluntarily by both parties, without any coercion from any side.
  • The agreement must be entered into with full and/or fair disclosure of the couple’s respective situations.
  • The agreement must be fair and just; it cannot overwhelming favor the interests of one party over another.
  • The agreement must be entered into by both parties themselves before a notary public.

If you are considering a postnuptial agreement, please contact our office at (626) 626-7789 for an initial consultation so that our attorney can assist you in meeting the statutory requirements for a valid and enforceable postnup.