Prenuptial vs. Postnuptial Agreements: What Los Angeles Couples Should Know

October 23, 2025

Prenuptial vs. Postnuptial Agreements: What Los Angeles Couples Should Know

Marriage is not only an emotional partnership—it’s a legal and financial union. That’s why more couples in Los Angeles are turning to prenuptial and postnuptial agreements as tools for protecting their assets, avoiding future conflict, and setting clear expectations from the start—or even later in the relationship. At M.C. Law, P.C., we help clients navigate these important agreements with care and clarity.


What Is a Prenuptial Agreement?

A prenuptial agreement (or “prenup”) is a legally binding contract created before marriage that outlines how property, assets, and debts will be divided in the event of divorce or death.


A prenup may address:

  • Property ownership before the marriage
  • Financial obligations during the marriage
  • Division of assets acquired during the marriage
  • Waiver or modification of spousal support (alimony)
  • Support for adult children


However, California law prohibits prenups from determining child custody or child support. Those matters are always decided based on the child’s best interests at the time of the divorce.


What Is a Postnuptial Agreement?

A postnuptial agreement is similar to a prenup but is created after the couple is already legally married. It serves the same core function—outlining asset division and financial responsibilities—but is often used when:


  • Circumstances change after the wedding
  • One spouse inherits or acquires new wealth
  • There has been infidelity or a breach of trust
  • Spouses wish to reaffirm commitment while setting clear expectations


The key difference is timing—prenups happen before marriage, while postnups happen after. Yet both are enforceable in California if done properly and with legal counsel.


Why Consider a Marital Agreement?

Whether you’re about to walk down the aisle or have been married for years, marital agreements offer:


  • Financial transparency between spouses
  • Asset protection for high-net-worth individuals or family-owned businesses
  • A way to reduce conflict in divorce by setting expectations early
  • A tool to rebuild trust after relationship challenges


Contrary to popular belief, creating a prenup or postnup doesn’t mean you’re planning for divorce. It means you’re planning responsibly for the future.


Why Work With a Los Angeles Family Law Attorney?

California law has strict requirements for both prenuptial and postnuptial agreements. If improperly drafted, these agreements may be deemed invalid by a court. That’s why it’s critical to work with an experienced attorney who can:


  • Ensure full financial disclosure
  • Confirm that the agreement is entered into voluntarily
  • Avoid unenforceable clauses
  • Make sure the terms are fair, clear, and legally sound


At M.C. Law, P.C., we create marital agreements tailored to your needs, goals, and life stage—protecting your future, no matter what it brings.


Schedule a Consultation Today

Thinking about a prenuptial or postnuptial agreement? Let’s talk. We’ll help you navigate your options and create a plan that gives you peace of mind.

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