Sample premarital (prenuptial) agreement for California


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This sample premarital agreement (prenuptial agreement) for California is used when both parties to an upcoming marriage wish to stipulate to waive spousal support, and that all property acquired during the marriage by any shall remain the separate property of that respective party. The sample on which this preview is based is 22 pages including two lists of property and financial obligations for each party as Exhibits “A” and “B” and two notary acknowledgments. The sample is designed to be used when both parties have been represented by independent counsel in negotiations for and the preparation of the agreement but can be modified for use in many situations.

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Sample premarital (prenuptial) agreement for California

  1. 1. To subscribe to my FREE weekly legal newsletter visit and enter your name and e-mail address. To view over 250 sample legal documents sold by LegalDocsPro visit: Be sure to remove this notice and all other notices before using this document. Note that this agreement assumes that both parties are not currently married, are healthy and self-supporting, have no minor children, and have both agreed to waive spousal support in the event of any dissolution or legal separation of their planned marriage. This agreement should be modified to suit your particular situation. Do NOT just use the wording here unless it definitely applies to your situation. 16
  2. 2. PREMARITAL AGREEMENT THIS AGREEMENT is made and entered into on __________, at _______, California, by and between _______ (“______”), of _______ County, California, and _______ (“______”), of _______ County, California, and is made with reference to the following facts and purposes: A. _______and _______, who are each presently unmarried, plan to be married to each other on or about ________________. B. _______is employed as a ____________ with ______________in ___________, California. _______is employed as a ___________ with ____________ in _______, California. Both parties are in good health and are financially self-supporting. C. _______and _______were each formerly married to other persons, but each of these former marriages has been terminated by a final judgment of marriage dissolution. Neither _______ nor _______has any children. D. Neither _______nor _______now has any right, title, claim or interest whatsoever in or to the property, income or estate of the other by reason of their nonmarital relationship, or otherwise, and neither party is indebted to the other. E. _______and _______desire and intend to make a fair, reasonable and full disclosure of their respective property and financial obligations, one to the other. F. The parties desire and intend by this Agreement to (1) define their respective rights in the property they now hold and in that property they may acquire after marriage; and (2) avoid those interests that, except for this Agreement, each might acquire after their marriage in the income and property of the other as incidents of their contemplated marriage. 16
  3. 3. G. Both parties are fully informed and aware that this Agreement is a premarital agreement as defined in California Family Code section 1610 and understand and intend that the provisions of this Agreement shall prevail over the provisions of California law that would otherwise be applicable in the absence of this Agreement. THEREFORE, for good and valuable consideration including, without limitation, the mutual promises, conditions and agreements set forth herein and the contemplated marriage of the parties, _______and _______agree as follows: 1. Effective Date of Agreement: This Agreement shall be and become effective as of the date of the contemplated marriage between the parties, and its effectiveness is expressly conditioned upon such marriage. If, for any reason, and regardless of the fault of either party, the contemplated marriage does not take place, this Agreement will be of no force or effect. 2. Independent Legal Counsel: The parties acknowledge and agree that they each have been represented by separate and independent legal counsel and have relied on counsel of their own choosing in negotiations for and in preparation of this Agreement. _______warrants and represents that she is and has been represented by _____________, Attorney at Law, who is a member in good standing of the Bar of the State of California. _______warrants and represents that he is and has been represented by ________________, Attorney at Law, who is a member in good standing of the Bar of the State of California. The parties acknowledge and agree that they have carefully read this Agreement, and that the provisions of the Agreement have been explained fully to them by their respective counsel. 16
  4. 4. 3. Voluntary and Informed Consent: The parties further acknowledge and agree that they are fully aware of and understand the contents, legal effect and consequences of this Agreement, and that they enter into this Agreement voluntarily, free from duress, fraud, undue influence, coercion or misrepresentation. To view the sample document on which this preview is based visit: Prenuptial-Agreement-for-California 16