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California law recognizes prenuptial and postnuptial agreements in California as valid and enforceable when certain legal requirements are met. These agreements are typically used to modify how certain property rights are interpreted so that the parties do not become subject to California's default property laws.

There are three basic requirements for a valid postnuptial agreement. First, the agreement must be in writing. Both spouses must have their own attorney guiding them. Finally, the agreement should be notarized.

Did both parties have unbiased legal representation? California courts require both parties to have access to unbiased legal representation before signing the postnuptial agreement due to the potentially significant impact of the agreement on the couple's future.

Before proceeding with a postnup, it's also worth keeping in mind that these agreements are easier to enforce in some states than in others. Most courts tend to uphold the agreements as long as they're written, signed without coercion, and involve a full disclosure of financial information on both sides.

Although laws can differ by state, there are five basic elements to a postnuptial agreement: It must be in writing. ... It must be entered into voluntarily by both parties. It requires full and fair disclosure of relevant information at the time of execution. Terms must not be unconscionable or unjust or one-sided in nature.

In general, the California courts assume a prenuptial agreement is valid upon the date it is signed. The courts will assume a postnuptial agreement is invalid, however, until they decide otherwise. You and your spouse will need the courts to approve your postnuptial agreement for it to become valid.