[CA] [CA] What are the minimum legal requirements for a postnup?
My husband and I would like to do a postnup. It is pretty simple and clean. Each one agrees 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 this site and taking it to a notary sufficient to protect one another?
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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?
- Exchange full financial disclosures.
- Consider independent legal counsel.
- Avoid any pressure or ultimatums.
- Make sure the terms are fair.
- Notarize it (recommended though not required).
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
- Have an open conversation about goals.
- Gather financial documents.
- Review a California-specific postnup template.
- Decide whether each spouse wants an attorney (or acknowledge that you had the option).
- Finalize, sign, and notarize.
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My husband and I would like to do a postnup. It is pretty simple and clean. Each one agrees 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 from this site 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 this site that has been filled out and needs to be downloaded. 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
Married in Florida but legal residents of CA
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?
Where are you located?
We are in California.
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?
- Exchange full financial disclosures.
- Consider independent legal counsel.
- Avoid any pressure or ultimatums.
- Make sure the terms are fair.
- Notarize it (recommended though not required).
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
- Have an open conversation about goals.
- Gather financial documents.
- Review a California-specific postnup template.
- Decide whether each spouse wants an attorney (or acknowledge that you had the option).
- Finalize, sign, and notarize.
Thank you, that helps
You’re very welcome.
Brandon
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