CALIFORNIA PREMARITAL AGREEMENT

(“Agreement”)

[// GUIDANCE: Insert client-specific information only in the bracketed placeholders. All other language is intended to be left intact absent attorney revision.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
Schedules

I. DOCUMENT HEADER

1. Title & Parties
   This California Premarital Agreement (the “Agreement”) is made and entered into by and between [FULL LEGAL NAME OF PARTY A], an individual residing at [ADDRESS] (“Party A”), and [FULL LEGAL NAME OF PARTY B], an individual residing at [ADDRESS] (“Party B,” and together with Party A, the “Parties”).

2. Recitals
   A. The Parties contemplate legal marriage to one another on or about [PROPOSED MARRIAGE DATE] (the “Marriage”).
   B. The Parties wish to clarify and memorialize their respective rights and responsibilities regarding property, debt, and financial matters, both during the Marriage and upon its dissolution, death, or other terminating event, in accordance with the California Premarital Agreement Act, Cal. Fam. Code §§ 1600–1617.
   C. Each Party has made, or concurrently with execution will make, a full and fair disclosure of that Party’s property, obligations, and income as required by Cal. Fam. Code § 1615(c)(1) & (2), the summary of which is attached hereto as Schedule 1 (Disclosure Materials).
   D. The Parties each acknowledge (i) the opportunity to obtain independent legal counsel of their own choosing, (ii) execution of this Agreement voluntarily and free of duress, and (iii) receipt of the final form of this Agreement not less than seven (7) calendar days before signing, unless duly waived in writing, all in satisfaction of Cal. Fam. Code § 1615(c).

3. Effective Date & Governing Law
   This Agreement becomes effective on the date the Marriage is solemnized (the “Effective Date”) and shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-laws principles.

II. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below. Terms defined herein shall be equally applicable to the singular and plural forms thereof.

“Agreement” has the meaning given in the preamble.

“Community Property” means all property acquired by either Party during the Marriage that is not Separate Property, as defined by California law.

“Disclosure Materials” means the written disclosure of each Party’s assets, liabilities, and income, attached as Schedule 1.

“Event of Termination” means (i) the entry of a final judgment of dissolution, legal separation, or annulment; or (ii) the death of either Party.

“Marital Earnings” means wages, salaries, bonuses, and other employment compensation earned during the Marriage.

“Separate Property” means:
(a) all property owned or claimed by a Party before the Effective Date (including appreciation and proceeds thereof);
(b) property acquired after the Effective Date by gift, bequest, devise, or descent exclusively to that Party;
(c) property acquired with the proceeds or in exchange for Separate Property; and
(d) any other property that California law characterizes as separate.

“Spousal Support” means periodic or lump-sum payments ordered by a court or agreed to by the Parties for the support of a spouse or former spouse.

III. OPERATIVE PROVISIONS

1. Incorporation of Recitals. The Recitals are hereby incorporated into and made a substantive part of this Agreement.

2. Classification of Property.
   a. Separate Property. Each Party’s Separate Property shall remain that Party’s sole and exclusive property, free from any right, title, or interest of the other Party.
   b. Community Property Waiver. Except as expressly set forth in Section 3 below, the Parties waive, to the fullest extent permitted by law, any and all past, present, or future community property rights in the Separate Property of the other Party.
   c. Future Acquired Property. Property acquired after the Effective Date shall be presumed Community Property unless the acquiring Party can establish, by clear and convincing evidence, that such property qualifies as Separate Property.

3. Marital Earnings & Joint Acquisitions.
   a. Marital Earnings shall be treated as Community Property.
   b. The Parties may, by written instrument referencing this Section 3, designate any property as Community Property or as Separate Property notwithstanding the presumptions herein.

4. Debt Allocation.
   a. Pre-Existing Debt. Each Party shall be solely responsible for debts incurred prior to the Effective Date and shall indemnify the other Party in accordance with Section VII.
   b. Marital Debt. Debts incurred jointly or for the benefit of the Community during the Marriage shall be treated as Community obligations.

5. Transfers Between Parties. Any inter-spousal transfer of property shall not, absent a contemporaneous written agreement, alter its characterization under this Agreement.

6. Estate Planning Coordination. Each Party shall execute such wills, trusts, or other estate planning instruments as may be reasonably necessary to carry out the intent of this Agreement, provided that nothing herein shall be construed to limit testamentary freedom, subject to applicable laws of descent and distribution.

7. Conditions Precedent. The enforceability of provisions limiting or waiving Spousal Support is conditioned upon compliance with Cal. Fam. Code § 1612(c), including but not limited to independent legal representation of both Parties at execution.

IV. REPRESENTATIONS & WARRANTIES

1. Authority & Capacity. Each Party represents that he or she is of legal age, under no disability, and has full legal capacity and authority to enter into this Agreement.

2. Full Disclosure. Each Party represents that the Disclosure Materials delivered to the other Party are complete and materially accurate as of the date of execution.

3. Voluntariness & Counsel. Each Party represents that:
   a. the Party has had an opportunity to consult with independent legal counsel of the Party’s choosing;
   b. if represented, such counsel has explained the terms and legal implications of this Agreement, and if unrepresented, the Party knowingly and voluntarily waives such right; and
   c. the Party executes this Agreement voluntarily and free of undue influence.

4. No Reliance. Each Party acknowledges that no promise, inducement, or representation not expressly set forth herein has been made to him or her.

5. Survival. The representations and warranties herein shall survive the Effective Date and any Event of Termination.

V. COVENANTS & RESTRICTIONS

1. Good-Faith Performance. The Parties shall perform their obligations hereunder in good faith and in a commercially reasonable manner.

2. Updates to Disclosure. Each Party covenants to supplement the Disclosure Materials promptly upon discovery of any material inaccuracy or omission prior to the Effective Date.

3. Confidentiality. The terms of this Agreement and the Disclosure Materials shall remain confidential, except as required by law or court order, or as necessary to enforce or defend this Agreement.

4. Non-Challenge Covenant. Except upon a good-faith basis supported by competent legal advice, neither Party will initiate any action to set aside or limit the enforceability of this Agreement.

VI. DEFAULT & REMEDIES

1. Events of Default. The following constitute defaults:
   a. Material breach of any covenant, representation, or obligation herein;
   b. Failure to indemnify as required by Section VII;
   c. Initiation of a legal challenge to enforceability in violation of Section V.4.

2. Notice & Cure. The non-defaulting Party shall give written notice of default. The defaulting Party shall have thirty (30) days to cure, where the default is curable.

3. Remedies. Upon an uncured default, the non-defaulting Party may seek:
   a. Specific performance or injunctive relief;
   b. Recovery of attorney fees and costs per Cal. Fam. Code § 271;
   c. Any additional equitable relief available at law or in equity.

VII. RISK ALLOCATION

1. Mutual Indemnification. Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party from and against all claims, damages, liabilities, and expenses (including reasonable attorney fees) arising out of:
   a. Debts or obligations incurred by the Indemnifying Party before the Effective Date;
   b. Material misrepresentation or omission in the Indemnifying Party’s Disclosure Materials;
   c. Breach of this Agreement by the Indemnifying Party.

2. Limitation of Liability. Except for fraud, willful misconduct, or breach of the indemnification obligations herein, a Party’s aggregate liability arising out of this Agreement shall not exceed [DOLLAR AMOUNT OR FORMULA].

3. Force Majeure. No Party shall be liable for non-performance caused by events beyond that Party’s reasonable control, provided the Party gives prompt written notice and resumes performance as soon as practicable.

VIII. DISPUTE RESOLUTION

1. Negotiation & Mediation. The Parties shall first attempt in good faith to resolve any dispute through confidential negotiation; if unsuccessful, they shall submit the dispute to mediation with a mutually acceptable mediator located in [COUNTY], California.

2. Limited Arbitration. Property-related disputes (excluding Spousal Support or child-related matters, which are non-arbitrable under California public policy) not resolved by mediation within sixty (60) days shall be submitted to binding arbitration under the California Arbitration Act (Cal. Code Civ. Proc. §§ 1280 et seq.). The arbitrator shall have authority to award equitable relief but may not adjudicate issues of child support, child custody, or Spousal Support.

3. Forum Selection. Any court proceedings shall be instituted exclusively in the Superior Court of California, County of [COUNTY], Family Law Division.

4. Bench Trial; No Jury. The Parties knowingly waive any right to a jury trial to the extent a jury would otherwise be available in a family-law proceeding.

5. Injunctive Relief. Nothing in this Section shall preclude either Party from seeking temporary or permanent injunctive relief from a court of competent jurisdiction to preserve the status quo or to enforce specific performance.

IX. GENERAL PROVISIONS

1. Amendments; Waivers. This Agreement may be amended only by a written instrument signed by both Parties and notarized. No waiver of any provision shall be effective unless in writing and signed by the Party against whom enforcement is sought.

2. Assignment. Neither Party may assign or delegate any rights or obligations under this Agreement.

3. Successors & Assigns. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, legal representatives, and permitted assigns.

4. Severability. If any provision is held unenforceable, the remaining provisions shall nonetheless be given full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to render it enforceable.

5. Integration. This Agreement constitutes the entire understanding of the Parties concerning the subject matter hereof and supersedes all prior negotiations and agreements.

6. Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original. Signatures delivered electronically or by facsimile shall be deemed original signatures for all purposes.

7. Acknowledgment of Independent Counsel. The signature pages shall contain the certificates of each Party’s respective counsel, or an express written waiver of counsel consistent with Cal. Fam. Code § 1615(c)(1).

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below.

NOTARY ACKNOWLEDGMENTS

[Attach California all-purpose acknowledgments for each signatory.]

COUNSEL CERTIFICATES / WAIVERS

[Optional where both Parties are represented; otherwise insert statutory waiver language.]

SCHEDULE 1

DISCLOSURE MATERIALS
[Attach detailed balance sheets listing assets, liabilities, and income for each Party.]

[// GUIDANCE: Include supplemental schedules for Separate Property descriptions, debt schedules, or specific carve-outs (e.g., business interests, inheritance trusts) as needed.]