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The 1976 California case In re Marriage of Dawley changed this perspective. The court upheld that postnuptial agreements could be valid as long as they were fair, transparent, and voluntary. This landmark ruling paved the way for modern postnups to become vital tools for financial and marital planning.
How Much Does a Postnuptial Agreement Cost in California? The average cost (i.e., legal fees) for a California lawyer to draft a postnuptial agreement is $940 [1] on a flat fee basis. The average cost for a California lawyer to review a postnuptial agreement is $500 [2] on a flat fee basis.
California courts do enforce postnups, but they dont treat them like any other contract. Unlike prenups, which are signed before marriage, postnups are created between spouses who already have legal obligations to each other. That means courts examine them more closely to ensure fairness and transparency.
Unlike for prenuptial agreements, in California we do not have any statute or case law which explicitly provides that a postnuptial agreement can include a waiver of spousal support. For any client that is contemplating a complete waiver of spousal support in their agreement, a premarital agreement is preferred.
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