PRENUP950 · CALIFORNIA
Prenup vs. postnup in California
The main difference is when you sign. The legal framework matters, too.
Published by Prenup950 · Updated September 10, 2026.
Legal services by U2U Law Professional Corporation. Meet Nazli Usaklioglu, Esq. · California Bar #354792.
What is a prenup?
A prenuptial agreement is made before marriage and takes effect when you marry. It can address property rights and financial arrangements for your future together. See Family Code § 1613.
What is a postnup?
A postnuptial agreement is made after marriage. Spouses may use one to clarify property ownership and financial arrangements, including when their circumstances or plans have changed. It requires analysis of the rights and duties that already exist between spouses.
| Question | Prenup | Postnup |
|---|---|---|
| When is it made? | Before marriage. | After marriage. |
| What is its purpose? | Plan property and financial rights before married life begins. | Address property and financial arrangements during marriage. |
| What needs special attention? | Voluntariness, disclosure, counsel requirements and review time. | Spouses’ fiduciary duties, fairness and any change in property ownership. |
| What does Prenup950 charge? | $950 for the stated prenup package for one client. | $950 postnup package for one client. |
Why a postnup needs separate advice
California spouses owe each other fiduciary duties, including good faith and fair dealing. Neither spouse may take unfair advantage of the other. See Family Code § 721.
If the agreement changes property from separate to community property, or the reverse, special written declaration requirements may apply. Simply calling a document a “postnup” does not satisfy those requirements. See Family Code § 852.
What can you discuss with your attorney?
- A home, down payment or future property purchase.
- A business, savings, investments or retirement accounts.
- How you want to handle financial responsibilities.
- An existing agreement and changes in your circumstances.
A prenup cannot adversely affect a child’s right to support. Spousal support provisions require particular care. Read the California prenup guide for the basic limits.
Can a postnup replace a rushed prenup?
Do not treat it as a shortcut around prenup safeguards. For modern California prenups, the final agreement generally must be presented at least seven calendar days before signing, even when both partners have lawyers. A postnup involves a different legal relationship and its own review. See Family Code § 1615.
Need a postnup lawyer?
Our California postnup service page explains the $950 package for one client, how the process begins and what information to prepare.
Start with your situation.
Tell us whether you are engaged or already married and what you want the agreement to address. We will explain the next steps. The prenup package and postnup package are each $950 for one client.
Call (424) 600-7167Updated September 10, 2026. General information; your attorney will assess the law and requirements for your agreement.