POSTNUPTIAL AGREEMENT
(California)
This Postnuptial Agreement (“Agreement”) is made on this ___ day of _______, 20, by and between:
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[Spouse 1 Full Name], residing at [Address] (“Spouse 1”); and
-
[Spouse 2 Full Name], residing at [Address] (“Spouse 2”).
Together referred to as the “Parties.”
1. RECITALS
1.1 The Parties were legally married on [Marriage Date] in [City, County, State].
1.2 The Parties now wish to establish their respective rights and obligations regarding property, debts, and financial matters.
1.3 This Agreement is made voluntarily, with full financial disclosure, and with each Party advised of their right to seek independent counsel.
2. SEPARATE PROPERTY
2.1 Each Party shall retain ownership and control of all property currently in their individual name, including but not limited to:
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Real estate, bank accounts, investments, vehicles, businesses, and personal property.
2.2 Any property acquired by gift, inheritance, or personal injury award shall remain that Party’s separate property.
3. COMMUNITY PROPERTY
3.1 Property acquired during the marriage that is not designated as separate property shall be considered community property under California law.
3.2 The Parties agree to divide community property as follows (choose one or customize):
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Equally, upon divorce or separation.
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As specifically allocated in Schedule A (attached).
4. DEBTS
4.1 Each Party shall be solely responsible for debts incurred in their own name before and after this Agreement, unless otherwise agreed.
4.2 Joint debts shall be allocated as set forth in Schedule B (attached).
5. SPOUSAL SUPPORT
5.1 The Parties [☐ waive / ☐ do not waive] the right to seek spousal support (alimony) in the event of divorce.
5.2 Any waiver of spousal support is subject to court review under California Family Code §1612(c).
6. FULL DISCLOSURE
6.1 Each Party affirms they have made full and fair disclosure of their financial situation, including assets, debts, income, and expenses.
6.2 Attached hereto as Exhibit 1 and Exhibit 2 are the financial disclosures of Spouse 1 and Spouse 2.
7. VOLUNTARINESS
7.1 The Parties enter into this Agreement freely and voluntarily, without duress, fraud, or undue influence.
7.2 Each Party acknowledges the opportunity to seek independent legal advice.
8. AMENDMENTS
This Agreement may be amended only by a written document signed and notarized by both Parties.
9. GOVERNING LAW
This Agreement shall be governed by and construed under the laws of the State of California.
10. MISCELLANEOUS
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This Agreement represents the entire understanding between the Parties.
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If any provision is held invalid, the remainder shall remain enforceable.
SIGNATURES
Spouse 1: ___________________________
Name: _________________________________
Date: _________________________________
Spouse 2: ___________________________
Name: _________________________________
Date: _________________________________
Notary Acknowledgment Required
✅ Attachments:
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Schedule A: Community Property Allocation
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Schedule B: Debt Allocation
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Exhibit 1: Spouse 1 Financial Disclosure
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Exhibit 2: Spouse 2 Financial Disclosure
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Postnuptial Agreement Attachments
Schedule A: Community Property Allocation
|
Asset / Property |
Description |
Current Owner |
Allocation |
|
Family Residence |
123 Main Street, Los Angeles, CA |
Joint Title |
To remain community property, divided equally upon divorce |
|
Joint Savings Account |
Wells Fargo #XXXX1234 |
Both |
To remain community property, divided equally |
|
Vehicle |
2020 Toyota Highlander |
Spouse 2 |
To remain community property, but assigned to Spouse 2 |
|
Household Furnishings |
Furniture, appliances |
Both |
To remain community property, divided equally |
Schedule B: Debt Allocation
|
Debt / Liability |
Description |
Current Holder |
Responsibility |
|
Mortgage |
Wells Fargo Mortgage #XXXX5678 |
Joint |
Both parties equally responsible |
|
Credit Card |
Chase Visa #XXXX9876 |
Spouse 1 |
Solely responsible by Spouse 1 |
|
Student Loan |
Sallie Mae Loan |
Spouse 2 |
Solely responsible by Spouse 2 |
Exhibit 1: Spouse 1 Financial Disclosure
Name: [Spouse 1]
Assets:
- Checking Account (Bank of America #XXXX1111) – $10,500
- IRA Retirement Account – $85,000
- Car: 2018 Honda Accord – $15,000
- Jewelry & personal effects – $5,000
Debts:
- Credit Card (Chase Visa) – $4,500
- Auto Loan (Honda Financial) – $6,200
Income:
- Annual Salary – $95,000 (Software Engineer at XYZ Corp)
Exhibit 2: Spouse 2 Financial Disclosure
Name: [Spouse 2]
Assets:
- Savings Account (Wells Fargo #XXXX2222) – $8,000
- 401(k) Retirement Plan – $72,000
- Vehicle: 2020 Toyota Highlander – $28,000
- Artwork & collectibles – $3,500
Debts:
- Student Loan (Sallie Mae) – $12,000
- Credit Card (American Express) – $2,800
Income:
- Annual Salary – $78,000 (Marketing Manager at ABC Inc.)
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