According to the California Family Code a married couple is in a “fiduciary” relationship, which is, they are duty bound to deal fairly with each other. Under the law, however, each of them may enter into a transaction respecting property with each other or any other person of their choosing just as though they were unmarried.
Knowing these facts many couples decide to sign a prenuptial agreement limiting these legal rights . Today more couples are also deciding to enter into a postnuptial agreement. A postnup is created to protect both parties in case of a separation or divorce. Decisions are made at a time of calm with positive goals in mind. A postnup can cover just about anything. For example, it can help to settle the decisions of property and retirement incomes.
You will want to contact an experienced family law attorney to assist you if you are considering such a pact.