California Postnuptial Agreements: Legal Protection After Marriage
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California’s legislature has introduced several significant changes to family law that took effect in 2025. These updates affect various aspects of family law proceedings including child custody, support arrangements, domestic violence protections, and procedural matters. Here’s what you need to know about these important legal developments.
The courts now must specifically consider a parent’s illegal access to firearms when evaluating immediate harm to a child in ex parte custody orders. “Illegal access” includes possession or acquisition of firearms or ammunition that violates state or federal laws, restraining orders, or probation conditions.
Courts are also required to evaluate whether visitation should be supervised, suspended, limited, or denied if evidence suggests immediate harm to the child or risk of removal from California.
A significant amendment to Family Code §3910 now empowers courts to direct child support payments into special needs trusts for children with disabilities. This crucial change ensures that financial support doesn’t compromise a child’s eligibility for public assistance programs like Medi-Cal or Supplemental Security Income (SSI).
Court clerks can no longer reject ex parte protective order applications if they:
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This change streamlines the process for obtaining protection when needed urgently.
Courts must now conduct comprehensive background checks on individuals subject to proposed restraining orders. These checks include:
Courts must consider this information when deciding whether to issue protective orders or when determining appropriate custody and visitation arrangements.
Financial institutions can now designate third-party agents as central locations for accepting service of legal process. If they do so, they must designate at least one additional central location in a different county, with service designations filed with the Department of Financial Protection and Innovation.
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Courts now have broader authority to transfer any proceeding under the Family Code when both parties have relocated from the original county. The original court retains jurisdiction to prevent immediate danger or harm until the receiving court assumes jurisdiction.
New safeguards have been established for bank levies, wage garnishment, and claims of exemption, particularly protecting low-income individuals. Key provisions include:
Beginning July 1, 2025, superior courts in thirteen California counties may initiate pilot projects to assess remote court reporting’s effectiveness. This allows certified court reporters to capture verbatim records from locations outside the courtroom for various case types, excluding preliminary hearings, trials, and death penalty cases.
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Starting January 1, 2026, spouses can file joint petitions for dissolution of marriage or legal separation. This streamlined process eliminates the need for separate service procedures, as both parties are considered served upon filing. Either party may file an amended petition or response before judgment, which would convert the proceeding to a standard dissolution process.
For loans originated on or after January 1, 2027, conventional home mortgage loans must include provisions allowing one borrower to assume another borrower’s portion in cases of divorce or legal separation. This addresses a common issue where lenders previously refused to remove a departing spouse from an existing home loan.
These legal changes reflect California’s ongoing efforts to modernize family law procedures, enhance protections for vulnerable parties, and streamline processes where appropriate. If you believe any of these changes might affect your situation, it’s advisable to consult with a qualified family law attorney to understand how these new provisions apply to your specific circumstances.
This blog post provides a general overview of selected legislation and is not intended as legal advice. Please consult with your attorney to determine how these changes may affect your specific situation.
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