Prenuptial Agreement
State of California
Prospective Spouses
Identify the two parties contemplating marriage.
Prenuptial Agreement — State of California
State of California
PARTIES & INTENTION TO MARRY
This Prenuptial Agreement ("Agreement") is made and entered into prior to marriage, by and between [spouse1_name] ("Spouse 1"), having an address at [spouse1_address], and [spouse2_name] ("Spouse 2"), having an address at [spouse2_address]. The parties contemplate marriage and desire to define their respective rights and obligations regarding separate and marital property.
PROPERTY DIVISION & EARNINGS
SEPARATE PROPERTY: Except as otherwise provided, all property owned by either Spouse 1 or Spouse 2 prior to the marriage shall remain the sole and separate property of that spouse. Neither spouse shall acquire any interest or claim in the other spouse's separate property by reason of the marriage, and each spouse retains the right to manage, sell, or dispose of their separate property at will.
EARNINGS ACQUIRED DURING MARRIAGE: All earnings, salary, and income acquired by either spouse during the marriage from personal work, services, or investments shall remain their sole and separate property. Neither spouse shall acquire community property rights in the other's marital earnings.
SPOUSAL SUPPORT & ALIMONY TERMS
SPOUSAL SUPPORT WAIVER: Both Spouse 1 and Spouse 2 hereby waive, release, and relinquish all rights to receive spousal support, maintenance, or alimony from the other spouse in the event of separation, divorce, or dissolution of the marriage. IMPORTANT CALIFORNIA NOTICE: Under California Family Code Section 1612, a waiver or limitation of spousal support is strictly unenforceable unless the party waiving it was represented by independent legal counsel at the time the agreement was signed. Both parties are strongly advised to consult separate attorneys.
FINANCIAL ASSET & DEBT DISCLOSURE
FINANCIAL DISCLOSURE: Each party has provided a full, fair, and reasonable disclosure of their assets, liabilities, and income, as detailed in the attached schedules. Both parties acknowledge they have reviewed these disclosures prior to signing this Agreement.
EXECUTION & STATE LEGAL STANDARDS
EXECUTION & COMPLIANCE: This Agreement is signed in writing and must be executed voluntarily by both prospective spouses before the day of marriage. CALIFORNIA 7-DAY WAITING PERIOD: Pursuant to California Family Code Section 1615, the parties acknowledge that they had the final draft of this Agreement for at least seven (7) calendar days before signing it. Any signature executed within less than 7 days of receipt is presumed involuntary and void.
GOVERNING LAW & INTEGRATION
GOVERNING LAW: This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Any disputes arising under this Agreement shall be resolved in the courts of California.
This Agreement constitutes the entire marital agreement between the parties and overrides all prior oral or written representations.
Signatures
Spouse 1: [spouse1_name]
Date: ________________
Spouse 2: [spouse2_name]
Date: ________________
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