Premarital Agreement California Sample

If you are planning to get married in California, it may be wise to consider a premarital agreement. A premarital agreement, also known as a prenuptial agreement or “prenup,” is a legal document that outlines how assets and debts will be divided in case of divorce or separation.

To ensure that your premarital agreement is legally binding and covers all necessary aspects, it is important to consult with an experienced attorney. However, it can be helpful to have a sample premarital agreement as a starting point for discussions and negotiations.

Here is a sample premarital agreement for California couples:

1. Property and Debt

Both parties agree that all property and debt acquired during the marriage will be considered community property and will be divided equally in case of divorce or separation.

2. Separate Property

Each party acknowledges and agrees that the following property is considered separate property and will remain the sole and separate property of the respective party:

a. Property owned before the marriage

b. Property acquired after the marriage by gift, bequest, devise, or descent

c. Income earned from separate property

d. Property purchased with separate property

3. Spousal Support

Both parties agree that neither party shall be entitled to spousal support or alimony in case of divorce or separation.

4. Retirement Benefits

Both parties acknowledge and agree that any retirement benefits earned by either party during the marriage shall be considered community property and will be divided equally in case of divorce or separation.

5. Death

In case of death, each party agrees to waive any right to the other party`s estate or inheritance.

6. Legal Fees

If either party seeks to enforce or contest this premarital agreement, the prevailing party shall be entitled to recover reasonable attorney`s fees and costs incurred in connection with such proceedings.

While this sample premarital agreement can serve as a starting point, it is important to note that every couple`s situation is unique. A skilled attorney can help you customize your premarital agreement to fit your specific needs and circumstances.

Overall, a premarital agreement can provide peace of mind and help prevent lengthy and costly legal battles in case of divorce or separation. It is important to approach the topic with open communication and mutual respect, and to consult with a qualified attorney to ensure that your agreement is valid and enforceable under California law.