Download California Prenuptial Agreement Form [PDF]

The California prenuptial agreement is a legal document signed between the parties that are entering the marriage. The future spouses will use the prenuptial agreement form to outline all the assets and liabilities each partner has and make an agreement on which one of these assets will remain the individual property of the spouse during and after the marriage.

The prenuptial or prenup agreement should be used in situations where one or both future spouses have certain assets that they have accumulated before the marriage and that they want to protect in the event of a divorce. 

This can be a certain amount of funds, real estate, shares or interest in a certain company or business, stocks, bonds, and other financial interests.

Laws and Legal Requirements for a Prenuptial Agreement in California

Article 2 of the Uniform Premarital Agreement Act provides basic legal requirements for the prenuptial agreement in California. The Uniform Premarital Agreement Act was adopted by California and incorporated into the California Family Code.

California state law defines the document as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.”

The state law also provides in § 1613 that the prenuptial agreement becomes effective upon marriage, while § 1614 provides that the prenuptial agreement can be amended or revoked only by a written agreement signed by the parties.

Signing Requirements for a Prenuptial Agreement in California

Section 1611 of the Uniform Premarital Agreement Act provides that the California prenuptial agreement must be made in writing and that both parties must sign the document.

The parties should consider opting to sign the document in front of a notary public, even though state law does not explicitly require it. The notary will confirm the identity of the document and confirm that they have personally signed it. This will additionally confirm the authenticity of the document and prevent fraud.

Prenuptial Agreement Enforcement in California

The California prenuptial agreement might not be enforced if one of the parties proves that:

The court will decide upon the enforcement of the prenup agreement. When deciding about the enforcement of the prenuptial agreement after marriage, they will take into consideration whether the person opposing enforcement consulted the lawyer before signing the document or whether they were given enough time to analyze the terms of the agreement before signing it.

What Can a Prenuptial Agreement in California Cover?

When filling out the prenuptial agreement template, the partners can determine the following:

It’s important to note that the prenuptial agreement form cannot regulate custody over children or matters connected to child support. Those matters are in the exclusive jurisdiction of the court.

Prenuptial Agreement in California: Validity Criteria

First, a California prenuptial agreement cannot be enforceable if it is not in writing and either one of the future spouses hasn’t signed it.

Second, if the marriage is later determined to be void, the prenuptial agreement will be valid only to the extent necessary to avoid an inequitable result. Additionally, the spouses can always amend or revoke the prenup agreement by issuing another agreement in written form.