Post-nuptial agreements, also known as post-marital agreements, are legal contracts that are signed by a couple after they are married. These agreements can outline how the couple intends to divide their assets and property in the event of a future separation or divorce. In California, post-nuptial agreements are enforceable, but there are certain requirements that must be met for these agreements to be legally binding.

California is a community property state, which means that any assets or property acquired during the course of a marriage are considered to be jointly owned by both spouses. However, couples in California can enter into post-nuptial agreements to override this default rule and define their own property rights and obligations.

To be enforceable, post-nuptial agreements in California must meet several requirements. First, the agreement must be in writing and signed by both parties. It is generally recommended that both parties have their own legal representation to ensure that the agreement is fair and not coerced.

Additionally, California law requires both parties to provide full disclosure of all assets and debts at the time the agreement is signed. This means that both parties must reveal all of their financial documents, including bank statements, tax returns, and investment accounts.

Finally, the agreement must be entered into voluntarily by both parties, without any undue influence or pressure from one spouse over the other. If a court determines that a post-nuptial agreement was signed under duress, it may be deemed unenforceable.

Post-nuptial agreements can cover a range of issues, including the division of assets, spousal support, and child custody. However, there are certain limitations to what can be included in an agreement. For example, a post-nuptial agreement cannot waive a child`s right to support or determine custody arrangements.

In summary, post-nuptial agreements are enforceable in California as long as they are in writing, signed voluntarily by both parties, and include full disclosure of all assets and debts. These agreements can be a useful tool for couples who want to define their own property rights and obligations in the event of a future separation or divorce. However, it is important to consult with an experienced attorney before entering into any legal agreement to ensure that your rights and interests are fully protected.