CALIFORNIA PREMARITAL AGREEMENT

Under the California Uniform Premarital Agreement Act
Cal. Fam. Code §§ 1600-1617

TABLE OF CONTENTS

I. Identification of Parties and Recitals
II. Definitions
III. Financial Disclosure
IV. Classification and Treatment of Property
V. Treatment of Income During Marriage
VI. Real Property Provisions
VII. Business Interests and Professional Practice
VIII. Retirement Accounts and Pension Rights
IX. Spousal Support Provisions
X. Debt Allocation
XI. Estate Planning and Death Provisions
XII. Tax Provisions
XIII. Sunset and Periodic Review
XIV. Mediation of Disputes
XV. Independent Counsel Requirement and Compliance
XVI. Seven-Day Waiting Period Compliance
XVII. Voluntariness Declaration
XVIII. General Provisions
XIX. Execution and Notarization
Schedule A — Party A Separate Property Disclosure
Schedule B — Party B Separate Property Disclosure
Schedule C — Party A Financial Disclosure
Schedule D — Party B Financial Disclosure

I. IDENTIFICATION OF PARTIES AND RECITALS

1.1 Parties

This California Premarital Agreement (the "Agreement") is entered into by and between:

PARTY A:
Name: [________________________________]
Date of Birth: [__/__/____]
Current Address: [________________________________]
(hereinafter referred to as "Party A")

PARTY B:
Name: [________________________________]
Date of Birth: [__/__/____]
Current Address: [________________________________]
(hereinafter referred to as "Party B")

Party A and Party B are collectively referred to as the "Parties" and individually as a "Party."

1.2 Recitals

The Parties make the following recitals of fact:

A. Contemplated Marriage. The Parties contemplate legal marriage to one another on or about [__/__/____] (the "Anticipated Marriage Date"). This Agreement is entered into in contemplation of and in consideration of that marriage.

B. Purpose. The Parties desire to define and clarify their respective rights and obligations regarding property, income, debts, spousal support, and related financial matters, both during the marriage and in the event of its dissolution, legal separation, annulment, or the death of either Party, in accordance with the California Uniform Premarital Agreement Act, Cal. Fam. Code §§ 1600-1617.

C. Full and Fair Disclosure. Each Party has made, or concurrently with execution of this Agreement will make, a full, fair, and reasonable disclosure of all property, financial obligations, and income to the other Party, as required for enforceability under Cal. Fam. Code § 1615(c). The summaries of each Party's disclosures are attached hereto and incorporated herein as Schedule A (Party A Separate Property), Schedule B (Party B Separate Property), Schedule C (Party A Financial Disclosure), and Schedule D (Party B Financial Disclosure).

D. Awareness of Rights. Each Party acknowledges awareness that, absent this Agreement, California law would characterize most property acquired during the marriage as community property subject to equal division upon dissolution under Cal. Fam. Code §§ 760-761, and that each Party would have certain rights to spousal support, to an equal share of community property, and to inherit from the other Party.

E. Voluntary Execution. Each Party acknowledges that this Agreement is entered into voluntarily and free from fraud, duress, coercion, or undue influence, and that each Party has had adequate time and opportunity to consider the terms herein.

F. Independent Counsel. Each Party acknowledges having been advised to seek independent legal counsel of that Party's own choosing, and that:

☐ Party A is represented by independent legal counsel: [________________________________], Esq., State Bar No. [________________________________]

☐ Party A has expressly waived the right to independent legal counsel, in a separate written waiver executed in compliance with Cal. Fam. Code § 1615(c)(1)

☐ Party B is represented by independent legal counsel: [________________________________], Esq., State Bar No. [________________________________]

☐ Party B has expressly waived the right to independent legal counsel, in a separate written waiver executed in compliance with Cal. Fam. Code § 1615(c)(1)

[// GUIDANCE: Under Cal. Fam. Code § 1612(c), any provision regarding spousal support is NOT enforceable if the party against whom enforcement is sought was not represented by independent counsel at the time of signing. Both parties should be strongly encouraged to retain independent counsel. If either party is unrepresented, the waiver must comply with § 1615(c)(1), and additional protections (written explanation of rights relinquished) must be provided.]

G. Seven-Day Waiting Period. Each Party acknowledges receipt of the final form of this Agreement not less than seven (7) calendar days before signing, as required by Cal. Fam. Code § 1615(c)(2).

Date Party A first received the final Agreement: [__/__/____]
Date Party B first received the final Agreement: [__/__/____]
Date of execution: [__/__/____]

[// GUIDANCE: For agreements executed on or after January 1, 2020, the 7-day waiting period applies regardless of whether the party is represented by counsel. The final agreement must not be materially altered after the 7-day period begins. If material changes are made, a new 7-day period should commence with the revised agreement.]

II. DEFINITIONS

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

2.1 "Agreement" means this California Premarital Agreement, including all Schedules attached hereto and incorporated herein.

2.2 "Community Property" means all property, real or personal, wherever situated, acquired by either Party during the marriage while domiciled in California, except property that qualifies as Separate Property. Under Cal. Fam. Code § 760, all property acquired during marriage is presumed to be community property unless proven otherwise.

2.3 "Separate Property" means:
(a) All property owned by or owed to a Party before the Effective Date;
(b) Property acquired after the Effective Date by gift, bequest, devise, descent, or inheritance exclusively to one Party;
(c) Rents, issues, and profits of Separate Property, to the extent they are not attributable to community labor or effort;
(d) Property acquired with the proceeds of, or in exchange for, Separate Property;
(e) All appreciation, increase in value, income, or proceeds of Separate Property, whether arising from market conditions, the passage of time, or the effort of the owning Party alone; and
(f) Any other property that California law characterizes as separate under Cal. Fam. Code § 770.

2.4 "Quasi-Community Property" means all real or personal property, wherever situated, acquired by either Party while domiciled outside of California which would have been community property if the acquiring Party had been domiciled in California at the time of acquisition, as defined by Cal. Fam. Code § 125. Quasi-community property is treated the same as community property upon dissolution or death.

2.5 "Commingled Property" means property that has been so intermingled or combined with property of a different character (e.g., Separate Property mixed with Community Property) that the respective contributions cannot be readily traced or identified. Commingling does not automatically convert Separate Property into Community Property, but may create tracing and burden-of-proof issues.

[// GUIDANCE: Commingling is one of the most common areas of dispute. Advise clients to maintain meticulous records of Separate Property and avoid depositing Separate Property funds into joint accounts without careful documentation.]

2.6 "Effective Date" means the date on which the marriage of the Parties is legally solemnized, in accordance with Cal. Fam. Code § 1613.

2.7 "Event of Dissolution" means the entry of a final judgment of dissolution of marriage, legal separation, or annulment by a court of competent jurisdiction.

2.8 "Marital Earnings" means all wages, salaries, bonuses, commissions, deferred compensation, stock options, and other forms of employment or self-employment compensation earned by either Party during the marriage and before the date of separation.

2.9 "Date of Separation" means the date on which a complete and final break in the marital relationship has occurred, as determined under Cal. Fam. Code § 70, evidenced by the intent of the separating Party to end the marriage and actions consistent with that intent.

2.10 "Spousal Support" means periodic or lump-sum payments made by one Party to the other Party for the support and maintenance of that Party following an Event of Dissolution, whether ordered by a court or agreed upon by the Parties.

2.11 "Transmutation" means the voluntary change in the character of property from Separate Property to Community Property, from Community Property to Separate Property, or from the Separate Property of one Party to the Separate Property of the other Party. Under Cal. Fam. Code § 852, a transmutation is not valid unless made in writing by an express declaration that is made, joined in, consented to, or accepted by the spouse whose interest in the property is adversely affected.

2.12 "Fiduciary Duties" means the duties of the highest good faith and fair dealing owed by each Party to the other with respect to community property and quasi-community property transactions, as set forth in Cal. Fam. Code §§ 721 and 1100.

III. FINANCIAL DISCLOSURE

3.1 Obligation of Disclosure

Each Party acknowledges and agrees that full, fair, and reasonable financial disclosure is essential to the enforceability of this Agreement under Cal. Fam. Code § 1615. Each Party represents that the financial disclosures set forth in Schedules A through D are materially complete and accurate as of the date of execution.

3.2 Party A Disclosure

Party A represents the following summary of financial condition:

Assets:
| Category | Approximate Value |
|----------|------------------|
| Real Property | $[________________________________] |
| Bank and Cash Accounts | $[________________________________] |
| Investment and Brokerage Accounts | $[________________________________] |
| Retirement Accounts (401(k), IRA, Pension) | $[________________________________] |
| Business Interests | $[________________________________] |
| Vehicles | $[________________________________] |
| Personal Property and Valuables | $[________________________________] |
| Other Assets | $[________________________________] |
| Total Estimated Assets | $[________________________________] |

Liabilities:
| Category | Approximate Balance |
|----------|-------------------|
| Mortgage(s) | $[________________________________] |
| Student Loans | $[________________________________] |
| Credit Card Debt | $[________________________________] |
| Vehicle Loans | $[________________________________] |
| Other Debts | $[________________________________] |
| Total Estimated Liabilities | $[________________________________] |

Annual Income: $[________________________________]
Source(s) of Income: [________________________________]

[// GUIDANCE: A detailed itemized list should be provided in Schedule A (Separate Property) and Schedule C (Full Financial Disclosure). The above summary is for the body of the agreement; the Schedules should contain comprehensive detail.]

3.3 Party B Disclosure

Party B represents the following summary of financial condition:

Assets:
| Category | Approximate Value |
|----------|------------------|
| Real Property | $[________________________________] |
| Bank and Cash Accounts | $[________________________________] |
| Investment and Brokerage Accounts | $[________________________________] |
| Retirement Accounts (401(k), IRA, Pension) | $[________________________________] |
| Business Interests | $[________________________________] |
| Vehicles | $[________________________________] |
| Personal Property and Valuables | $[________________________________] |
| Other Assets | $[________________________________] |
| Total Estimated Assets | $[________________________________] |

Liabilities:
| Category | Approximate Balance |
|----------|-------------------|
| Mortgage(s) | $[________________________________] |
| Student Loans | $[________________________________] |
| Credit Card Debt | $[________________________________] |
| Vehicle Loans | $[________________________________] |
| Other Debts | $[________________________________] |
| Total Estimated Liabilities | $[________________________________] |

Annual Income: $[________________________________]
Source(s) of Income: [________________________________]

[// GUIDANCE: A detailed itemized list should be provided in Schedule B (Separate Property) and Schedule D (Full Financial Disclosure).]

3.4 Duty to Supplement

Each Party agrees to promptly supplement the financial disclosures set forth herein and in the attached Schedules upon discovery of any material inaccuracy or omission prior to the Effective Date. Failure to disclose a material asset or obligation may constitute grounds for invalidating the Agreement or the affected provisions.

3.5 Acknowledgment of Disclosure

Each Party acknowledges and represents:

☐ I have received and reviewed the financial disclosures of the other Party
☐ I have had adequate opportunity to ask questions and request additional information
☐ I am satisfied that the disclosures are sufficiently complete to allow me to make an informed decision regarding this Agreement
☐ I understand the rights I am waiving or modifying by entering into this Agreement

Party A Initials: [____] Party B Initials: [____]

IV. CLASSIFICATION AND TREATMENT OF PROPERTY

4.1 Separate Property Confirmation

Each Party's Separate Property, as listed in the attached Schedules and as defined in Section 2.3, shall remain the sole and exclusive property of that Party, free from any right, title, claim, or interest of the other Party. This classification shall apply regardless of:
(a) Any contributions of community labor, effort, or funds to the management, preservation, or improvement of the Separate Property;
(b) Any increase in value due to community efforts or market appreciation;
(c) The form of title in which the Separate Property is held; and
(d) Any commingling that may occur, subject to Section 4.5 below.

[// GUIDANCE: Clause (a) above may conflict with the Moore/Marsden doctrine, which provides the community an interest in separate property to which community funds were applied. Practitioners should consider whether to address Moore/Marsden claims expressly, and whether to waive or preserve community reimbursement rights under Cal. Fam. Code § 2640.]

4.2 Community Property

Except as otherwise provided in this Agreement, all property acquired by either Party during the marriage that does not qualify as Separate Property under Section 2.3 shall be Community Property, subject to equal division upon an Event of Dissolution in accordance with Cal. Fam. Code §§ 760-761.

4.3 Quasi-Community Property

All Quasi-Community Property, as defined in Section 2.4, shall be treated the same as Community Property for purposes of division upon dissolution or death, unless the Parties have otherwise agreed in writing with respect to specific items of Quasi-Community Property.

4.4 Joint Acquisitions

The Parties may, during the marriage, acquire property jointly. Property acquired jointly by the Parties shall be classified as follows:

☐ Option A: All jointly acquired property shall be presumed Community Property, subject to equal division.

☐ Option B: Jointly acquired property shall be divided according to each Party's proportionate contribution at the time of acquisition, and each Party's interest shall be treated as Separate Property to the extent of that Party's separate contribution and Community Property to the extent of community contributions.

☐ Option C: Other arrangement: [________________________________]

[// GUIDANCE: Select one option and delete the others before execution. Option A is the simplest and follows default California law. Option B may be preferable when parties have significantly different financial positions.]

4.5 Commingling and Tracing

The Parties acknowledge that commingling of Separate Property with Community Property may occur during the marriage. The Parties agree to the following regarding commingled funds:

(a) Commingling shall not, by itself, convert Separate Property into Community Property.
(b) The Party claiming a Separate Property interest in commingled property shall bear the burden of tracing and proving the Separate Property character of the claimed interest by a preponderance of the evidence.
(c) Each Party agrees to maintain reasonable records to facilitate tracing of Separate Property, including but not limited to bank statements, account records, and source documentation.

4.6 Transmutation Requirements

Any change in the character of property (from Separate to Community, or vice versa) shall be effective only if made in compliance with Cal. Fam. Code § 852, which requires:

(a) A written instrument;
(b) An express declaration of the change in character;
(c) The consent or acceptance of the Party whose interest is adversely affected; and
(d) For real property, recordation of the instrument for effectiveness as to third parties.

No oral statement, conduct, or informal understanding shall constitute a valid transmutation of property.

[// GUIDANCE: The transmutation statute (§ 852) is strictly construed. Even placing a spouse's name on title to separate property real estate does not, by itself, constitute a transmutation absent an express written declaration. Advise clients to consult counsel before making any changes to property characterization.]

4.7 Gifts Between Parties

Gifts between the Parties of clothing, wearing apparel, jewelry, or other tangible articles of a personal nature that are used solely or principally by the receiving Party and are not substantial in value (taking into account the circumstances of the marriage) are exempt from the transmutation writing requirement under Cal. Fam. Code § 852(c). All other gifts between the Parties that are intended to change property character must comply with the transmutation requirements of Section 4.6.

V. TREATMENT OF INCOME DURING MARRIAGE

5.1 Marital Earnings

The Parties agree to the following treatment of Marital Earnings (as defined in Section 2.8):

☐ Option A — Community Property Treatment (Default). All Marital Earnings of both Parties shall be Community Property, consistent with Cal. Fam. Code § 760.

☐ Option B — Separate Property Treatment. All Marital Earnings of each Party shall be that Party's Separate Property, and neither Party shall have any community property interest in the earnings of the other.

☐ Option C — Hybrid Treatment. Each Party shall contribute [____]% of gross Marital Earnings to a joint community account. The remaining [____]% shall be that Party's Separate Property. Property acquired with funds from the joint community account shall be Community Property.

☐ Option D — Other arrangement: [________________________________]

[// GUIDANCE: Select one option and delete the others before execution. Option A follows default California law. Option B represents a significant departure from community property principles and should be carefully considered. Option C allows for a balanced approach. The court may scrutinize Option B more carefully for unconscionability, especially in long marriages.]

5.2 Income from Separate Property

Rents, interest, dividends, royalties, and other passive income derived from Separate Property shall be treated as:

☐ Separate Property of the owning Party
☐ Community Property
☐ Other: [________________________________]

5.3 Business Income and Growth

To the extent that either Party's Separate Property includes a business interest, the income and growth attributable to that business during the marriage shall be treated as follows:

(a) Passive appreciation (market-driven increase in value not attributable to community effort) shall remain Separate Property of the owning Party.
(b) Active appreciation (increase in value attributable to the personal labor, skill, or effort of either Party during the marriage) shall be:

☐ Community Property, consistent with the Pereira or Van Camp methods of allocation
☐ Separate Property of the business-owning Party
☐ Subject to the following arrangement: [________________________________]

[// GUIDANCE: Under California case law (Pereira v. Pereira, Van Camp v. Van Camp), the community may acquire an interest in a separately owned business if community effort contributed to its growth. Practitioners should carefully evaluate which method of apportionment (Pereira or Van Camp) is most appropriate and whether the agreement should address this issue expressly.]

VI. REAL PROPERTY PROVISIONS

6.1 Premarital Real Property

All real property owned by either Party prior to the Effective Date, as listed in the attached Schedules, shall remain the Separate Property of the owning Party. This includes:

Party A premarital real property:
| Property Address | Approximate Value | Outstanding Mortgage |
|-----------------|-------------------|---------------------|
| [________________________________] | $[________________________________] | $[________________________________] |
| [________________________________] | $[________________________________] | $[________________________________] |

Party B premarital real property:
| Property Address | Approximate Value | Outstanding Mortgage |
|-----------------|-------------------|---------------------|
| [________________________________] | $[________________________________] | $[________________________________] |
| [________________________________] | $[________________________________] | $[________________________________] |

6.2 Marital Residence

The Parties agree to the following regarding the marital residence:

☐ Option A: The marital residence located at [________________________________] is the Separate Property of [Party A / Party B], and shall remain that Party's Separate Property throughout the marriage and upon dissolution. The non-owning Party waives any community property claim to the marital residence, including claims for reimbursement of community funds used for mortgage payments, improvements, or maintenance.

☐ Option B: The marital residence shall be acquired as Community Property, with each Party having an equal interest therein.

☐ Option C: The marital residence shall be acquired with contributions from both Parties, and each Party's interest shall be proportional to their respective contributions, tracked as follows: [________________________________]

☐ Option D: Other arrangement: [________________________________]

[// GUIDANCE: If the marital residence is one Party's Separate Property but community funds are used for mortgage payments, California's Moore/Marsden doctrine may give the community an interest in the property. This agreement should clearly address whether Moore/Marsden reimbursement rights are preserved or waived.]

6.3 Reimbursement for Community Contributions to Separate Property

The Parties agree that:

☐ Option A: The community shall be entitled to reimbursement under Cal. Fam. Code § 2640 for community contributions to the acquisition, improvement, or reduction of indebtedness on Separate Property real estate.

☐ Option B: The Parties waive any right to reimbursement under Cal. Fam. Code § 2640 for community contributions to Separate Property real estate.

☐ Option C: Reimbursement shall be handled as follows: [________________________________]

6.4 Proposition 19 Advisory

[// GUIDANCE: California Proposition 19 (effective February 16, 2021, codified at Cal. Rev. & Tax. Code § 63.2) significantly changed property tax reassessment rules for real property transfers. Key implications for prenuptial agreements include:

(a) Parent-to-child and grandparent-to-grandchild transfers of real property (other than a primary residence used by the transferee as their primary residence) are now subject to reassessment at current market value.

(b) For a primary residence, the exclusion from reassessment is limited to the sum of the property's factored base year value plus $1,044,586 (adjusted amount for 2025-2027).

(c) Transfers between spouses during marriage remain excluded from reassessment under Proposition 13 protections.

(d) Upon dissolution, interspousal transfers incident to divorce also remain excluded from reassessment.

(e) HOWEVER, if a Party plans to transfer real property to children or other family members as part of estate planning, the prenuptial agreement's property characterization may affect Proposition 19 planning.

Parties should consult with a tax professional or real estate attorney regarding the Proposition 19 implications of their property arrangements.]

The Parties acknowledge having been advised regarding the potential property tax reassessment implications of California Proposition 19 (Cal. Rev. & Tax. Code § 63.2) as they may affect real property transfers, estate planning, and family property transfers.

Party A Initials: [____] Party B Initials: [____]

VII. BUSINESS INTERESTS AND PROFESSIONAL PRACTICE

7.1 Pre-Existing Business Interests

Each Party's pre-existing business interests, as identified in the attached Schedules, shall remain the Separate Property of the owning Party, including:

Party A business interests:
| Business Name/Entity | Ownership % | Approximate Value |
|---------------------|-------------|-------------------|
| [________________________________] | [____]% | $[________________________________] |
| [________________________________] | [____]% | $[________________________________] |

Party B business interests:
| Business Name/Entity | Ownership % | Approximate Value |
|---------------------|-------------|-------------------|
| [________________________________] | [____]% | $[________________________________] |
| [________________________________] | [____]% | $[________________________________] |

7.2 Valuation of Business Interests

In the event of an Event of Dissolution, the value of each Party's Separate Property business interests shall be determined as of the Date of Separation. The Parties agree that the valuation methodology shall be:

☐ Fair market value as determined by a jointly retained certified business appraiser
☐ Book value as reflected in the most recent financial statements
☐ A formula-based approach: [________________________________]
☐ Other: [________________________________]

7.3 Community Interest in Business Growth

The Parties agree that any community property interest in the growth of a separately owned business during the marriage (resulting from community effort) shall be calculated using:

☐ The Pereira method (reasonable rate of return on the separate property investment, with the community receiving the excess)
☐ The Van Camp method (reasonable compensation for community labor, with the business owner retaining the excess growth)
☐ Other methodology: [________________________________]

[// GUIDANCE: The choice between Pereira and Van Camp can significantly affect the outcome. Generally, Pereira is applied when the business owner's personal efforts are the primary driver of growth, and Van Camp is applied when capital investment is the primary driver. Legal counsel should carefully analyze which method is most appropriate.]

7.4 Professional Licenses, Degrees, and Goodwill

(a) Professional licenses and advanced degrees obtained by either Party during the marriage are not divisible community property, but the community may be entitled to reimbursement for community contributions to education or training costs under Cal. Fam. Code § 2641.
(b) Professional goodwill associated with a Party's professional practice:

☐ Shall be valued and treated as Community Property to the extent it increased during the marriage
☐ Shall remain the Separate Property of the practicing Party
☐ Other: [________________________________]

7.5 Intellectual Property

Intellectual property created, developed, or acquired by either Party during the marriage (including patents, copyrights, trademarks, trade secrets, and royalty interests) shall be:

☐ Community Property
☐ The Separate Property of the creating Party
☐ Other: [________________________________]

VIII. RETIREMENT ACCOUNTS AND PENSION RIGHTS

8.1 Pre-Existing Retirement Accounts

All retirement accounts, pension interests, and similar benefits accrued by either Party before the Effective Date shall remain the Separate Property of the owning Party, including:

Party A:
| Account Type | Institution | Approximate Value |
|-------------|-------------|-------------------|
| [________________________________] | [________________________________] | $[________________________________] |
| [________________________________] | [________________________________] | $[________________________________] |

Party B:
| Account Type | Institution | Approximate Value |
|-------------|-------------|-------------------|
| [________________________________] | [________________________________] | $[________________________________] |
| [________________________________] | [________________________________] | $[________________________________] |

8.2 Retirement Contributions During Marriage

Contributions to retirement accounts made during the marriage with Marital Earnings shall be treated as:

☐ Option A — Community Property (Default). All contributions to retirement accounts made with community funds during the marriage shall be Community Property, subject to division upon dissolution in accordance with the time rule (In re Marriage of Brown).

☐ Option B — Separate Property. Each Party's retirement contributions during the marriage, and the growth thereon, shall be that Party's Separate Property.

☐ Option C — Other: [________________________________]

[// GUIDANCE: Under California law, retirement benefits earned during marriage are Community Property. The time rule is used to apportion community and separate interests. If the Parties elect Option B, this represents a significant waiver of community property rights that should be carefully explained to both Parties. Federal law (ERISA) may preempt certain state-law provisions regarding qualified retirement plans — consult with a benefits attorney.]

8.3 Defined Benefit Pension Plans

If either Party participates in a defined benefit pension plan, the community property interest in such plan, if any, shall be determined by the time rule, unless the Parties have selected Option B above or another arrangement. Division of pension benefits may require a Qualified Domestic Relations Order (QDRO) or, for public employee plans, a similar court order.

8.4 Social Security Benefits

The Parties acknowledge that Social Security benefits are governed exclusively by federal law and are not divisible as property in a California dissolution proceeding.

IX. SPOUSAL SUPPORT PROVISIONS

[// GUIDANCE: THIS SECTION REQUIRES PARTICULAR ATTENTION. Under Cal. Fam. Code § 1612(c), any provision regarding spousal support — including, but not limited to, a modification, limitation, or waiver — is NOT enforceable if the party against whom enforcement is sought was NOT represented by independent legal counsel at the time the agreement was signed. Additionally, even if both parties had counsel, a spousal support provision may be unenforceable if it is unconscionable at the time of enforcement. BOTH PARTIES MUST HAVE INDEPENDENT COUNSEL for spousal support provisions to be enforceable.]

9.1 Spousal Support Arrangement

The Parties agree to the following regarding Spousal Support in the event of dissolution:

☐ Option A — Waiver of Spousal Support. Each Party hereby waives any and all rights to Spousal Support from the other Party, whether temporary, rehabilitative, or permanent, except as may be required to prevent the application of this provision from being unconscionable at the time of enforcement.

☐ Option B — Limitation of Spousal Support. Spousal Support, if awarded, shall be limited as follows:
- Maximum monthly amount: $[________________________________]
- Maximum duration: [________________________________] months/years
- Spousal Support shall terminate upon the earliest of: (i) the expiration of the specified duration; (ii) the remarriage or death of the supported Party; (iii) the death of the supporting Party; or (iv) further order of the court.

☐ Option C — Formula-Based Spousal Support. Spousal Support shall be calculated according to the following formula:
- [____]% of the difference between the Parties' gross incomes at the time of separation
- Duration: [____] month(s) of support for each year of marriage
- Subject to the following cap: $[________________________________] per month

☐ Option D — Preservation of Court Discretion. The Parties elect to preserve the court's full discretion to award Spousal Support in accordance with Cal. Fam. Code §§ 4320-4326, and this Agreement shall have no effect on the court's authority to determine the amount and duration of Spousal Support.

☐ Option E — Other arrangement: [________________________________]

[// GUIDANCE: A complete waiver of spousal support (Option A) may be found unconscionable at the time of enforcement if one party would be left without adequate means of support, particularly after a long marriage or if there has been a significant change in circumstances. Consider including a "safety net" provision to reduce the risk of the entire spousal support provision being invalidated. Courts analyze unconscionability at the time enforcement is sought, not at the time the agreement was signed.]

9.2 Unconscionability Savings Clause

Notwithstanding any other provision of this Section, if a court of competent jurisdiction determines that the spousal support provisions of this Agreement would be unconscionable at the time enforcement is sought, the court may modify the spousal support provisions to the minimum extent necessary to avoid unconscionability, while preserving the intent of the Parties to the greatest extent possible.

9.3 Confirmation of Independent Counsel for Spousal Support

Each Party confirms the following with respect to spousal support provisions:

☐ Party A was represented by independent legal counsel at the time of signing this Agreement
☐ Party B was represented by independent legal counsel at the time of signing this Agreement

[// GUIDANCE: If either checkbox above is not checked, the spousal support provisions of this Agreement are likely unenforceable under Cal. Fam. Code § 1612(c). Consider removing or revising the spousal support provisions if either party declines representation.]

Party A Initials: [____] Party B Initials: [____]

X. DEBT ALLOCATION

10.1 Pre-Existing Debts

Each Party shall be solely responsible for all debts, obligations, and liabilities incurred by that Party prior to the Effective Date, as disclosed in the attached Schedules. Each Party shall hold the other Party harmless from any claim, loss, or liability arising from that Party's pre-existing debts.

Party A pre-existing debts:
| Creditor | Type of Debt | Approximate Balance |
|----------|-------------|-------------------|
| [________________________________] | [________________________________] | $[________________________________] |
| [________________________________] | [________________________________] | $[________________________________] |
| Total | | $[________________________________] |

Party B pre-existing debts:
| Creditor | Type of Debt | Approximate Balance |
|----------|-------------|-------------------|
| [________________________________] | [________________________________] | $[________________________________] |
| [________________________________] | [________________________________] | $[________________________________] |
| Total | | $[________________________________] |

10.2 Debts Incurred During Marriage

Debts incurred during the marriage shall be allocated as follows:

(a) Joint debts incurred by mutual agreement for the benefit of the community (e.g., joint mortgages, joint credit accounts) shall be Community obligations, equally shared by both Parties upon dissolution.

(b) Individual debts incurred by one Party without the consent of the other Party and not for the benefit of the community shall be the sole responsibility of the incurring Party.

(c) Necessities of life debts incurred by either Party for food, clothing, shelter, or medical care for either Party or their children shall be presumed to be Community obligations, consistent with Cal. Fam. Code § 914.

10.3 Student Loan and Educational Debt

Student loan and educational debts incurred during the marriage shall be:

☐ The sole responsibility of the Party who incurred the debt
☐ Community obligations subject to equal division
☐ Allocated pursuant to Cal. Fam. Code § 2641 (reimbursement for community contributions to education)

10.4 Prohibition on Encumbering Separate Property

Neither Party shall encumber, pledge, or use the other Party's Separate Property as collateral for any debt or obligation without the express written consent of the owning Party.

XI. ESTATE PLANNING AND DEATH PROVISIONS

11.1 Testamentary Freedom

Each Party retains the right to dispose of that Party's Separate Property by will, trust, or other testamentary instrument without any obligation to provide for the other Party from Separate Property, except as may be required by law or as set forth in this Section.

11.2 Waiver of Community Property Rights at Death

The Parties agree to the following regarding community property rights upon the death of either Party:

☐ Option A — Waiver of Probate Homestead, Family Allowance, and Exempt Property Rights. Each Party waives, to the fullest extent permitted by law, the right to a probate homestead, family allowance, and the setting aside of exempt property under Cal. Prob. Code §§ 6500-6528.

☐ Option B — Preservation of Statutory Rights. Each Party retains all rights provided by California law with respect to the estate of the deceased Party, including but not limited to the surviving spouse's share of community property under Cal. Prob. Code §§ 100-102.

☐ Option C — Other arrangement: [________________________________]

[// GUIDANCE: A waiver of probate rights should be made with full understanding of its consequences. Under Cal. Prob. Code § 141, a waiver of rights under the Probate Code must be in writing, signed by the surviving spouse, and made with knowledge of the nature of the rights being waived. Consider whether the waiver should be limited to Separate Property only, or should also extend to community property interests.]

11.3 Life Insurance

The Parties agree to the following regarding life insurance:

☐ Each Party shall maintain a life insurance policy with a minimum death benefit of $[________________________________], naming the other Party as primary beneficiary, for the duration of the marriage.

☐ Neither Party shall be obligated to maintain life insurance for the benefit of the other.

☐ Other: [________________________________]

11.4 Beneficiary Designations

Each Party acknowledges that beneficiary designations on retirement accounts, life insurance policies, and pay-on-death accounts may supersede the provisions of this Agreement and of any will or trust. Each Party agrees to review and update beneficiary designations as needed to be consistent with the intent of this Agreement.

11.5 Coordination with Estate Planning Documents

Each Party agrees to execute such wills, trusts, or other estate planning instruments as may be reasonably necessary to carry out the intent of this Agreement with respect to the treatment of property upon death. Nothing herein shall limit either Party's testamentary freedom to dispose of Separate Property as that Party sees fit.

XII. TAX PROVISIONS

12.1 Tax Filing Status

During the marriage, the Parties intend to file tax returns as follows:

☐ Married Filing Jointly
☐ Married Filing Separately
☐ To be determined each tax year by mutual agreement

[// GUIDANCE: Filing status has significant tax implications. If the Parties file jointly, both are jointly and severally liable for the tax liability. If the Parties wish to maintain financial separation consistent with this Agreement, filing separately may be advisable, though it may result in higher combined tax liability.]

12.2 Tax Liability Allocation

If the Parties file joint tax returns:
(a) Any tax refund shall be allocated to the Parties in proportion to their respective tax withholdings and estimated payments.
(b) Any tax liability (including penalties and interest) shall be allocated to the Parties in proportion to their respective taxable incomes.
(c) Alternatively, the Parties may agree in writing to a different allocation methodology for any given tax year.

12.3 Pre-Existing Tax Obligations

Each Party shall be solely responsible for any tax liabilities, penalties, interest, or assessments arising from that Party's tax returns or tax obligations for tax years preceding the marriage.

12.4 Tax Consequences of Property Transfers

The Parties acknowledge that transfers of property between spouses during marriage are generally tax-free under Internal Revenue Code § 1041. However, transfers incident to divorce or dissolution may have tax consequences, including capital gains tax upon subsequent sale. Each Party is encouraged to consult with a tax professional regarding the tax implications of the property arrangements set forth in this Agreement.

XIII. SUNSET AND PERIODIC REVIEW

13.1 Sunset Clause

The Parties agree to the following regarding the duration of this Agreement:

☐ Option A — No Sunset. This Agreement shall remain in full force and effect for the duration of the marriage and shall not expire or terminate based on the passage of time alone.

☐ Option B — Sunset After Fixed Period. This Agreement shall automatically terminate and be of no further force or effect on the [____] anniversary of the Effective Date, unless the Parties agree in writing to extend or renew the Agreement prior to that date.

☐ Option C — Partial Sunset. The following provisions of this Agreement shall automatically terminate on the [____] anniversary of the Effective Date: [________________________________]. All other provisions shall remain in full force and effect.

13.2 Periodic Review

The Parties agree to review this Agreement and their financial circumstances at the following intervals:

☐ Every [____] years from the Effective Date
☐ Upon the occurrence of any of the following triggering events:
- Birth or adoption of a child
- Significant change in income (increase or decrease of [____]% or more)
- Acquisition of significant new assets (valued at $[________________________________] or more)
- Relocation to another state or country
- Retirement of either Party
- Other: [________________________________]

☐ No periodic review is required

[// GUIDANCE: Periodic review is advisable, particularly for long marriages, because circumstances may change significantly over time. A review does not require amendment — it simply provides an opportunity for the Parties to evaluate whether the Agreement continues to reflect their intent and whether any modifications are desired.]

13.3 Amendment

This Agreement may be amended or modified after the Effective Date only by a written instrument signed by both Parties, in compliance with Cal. Fam. Code § 1614. Any amendment should be reviewed by each Party's independent legal counsel.

XIV. MEDIATION OF DISPUTES

14.1 Mediation Requirement

In the event of any dispute arising out of or relating to this Agreement, including disputes regarding interpretation, validity, or enforceability, the Parties shall first attempt to resolve the dispute through good-faith mediation with a mutually agreeable mediator.

14.2 Selection of Mediator

If the Parties cannot agree on a mediator within thirty (30) days of a written request for mediation, either Party may request that a mediator be appointed by the [________________________________] County Superior Court Family Law Division.

14.3 Cost of Mediation

The costs of mediation, including the mediator's fees, shall be shared equally by the Parties unless otherwise agreed or ordered by the court.

14.4 Non-Exclusive Remedy

Mediation is a condition precedent to initiating litigation regarding the interpretation or enforcement of this Agreement, except that nothing herein shall prevent either Party from seeking emergency relief, temporary restraining orders, or other urgent relief from a court of competent jurisdiction when necessary to preserve the status quo or prevent irreparable harm.

14.5 Forum

Any judicial proceedings relating to this Agreement shall be instituted in the Superior Court of California, County of [________________________________], Family Law Division.

[// GUIDANCE: Under California law, family law matters — including disputes over prenuptial agreements — are adjudicated in the Family Law Division of the Superior Court. Binding arbitration of family law matters is generally disfavored by California courts, and child support, child custody, and domestic violence matters cannot be arbitrated. This Agreement intentionally does not include a mandatory arbitration clause.]

XV. INDEPENDENT COUNSEL REQUIREMENT AND COMPLIANCE

15.1 Statutory Requirement

Cal. Fam. Code § 1615(c)(1) provides that a premarital agreement is not enforceable unless the party against whom enforcement is sought was represented by independent legal counsel at the time of signing, OR, after being advised to seek independent legal counsel, expressly waived representation by independent legal counsel in a separate writing.

15.2 Party A Counsel Status

☐ Party A is represented by:
Attorney Name: [________________________________]
Firm: [________________________________]
Address: [________________________________]
State Bar No.: [________________________________]

☐ Party A has waived independent legal counsel in a separate written waiver attached hereto as Exhibit 1

15.3 Party B Counsel Status

☐ Party B is represented by:
Attorney Name: [________________________________]
Firm: [________________________________]
Address: [________________________________]
State Bar No.: [________________________________]

☐ Party B has waived independent legal counsel in a separate written waiver attached hereto as Exhibit 2

15.4 Explanation of Rights for Unrepresented Parties

If either Party is not represented by independent legal counsel, that Party must be fully informed of the terms and basic effect of the Agreement, as well as the rights and obligations the Party is giving up by signing the Agreement, per Cal. Fam. Code § 1615(c)(3). The Party must be proficient in the language in which the explanation was conducted and in which the Agreement is written. The explanation of rights relinquished shall be memorialized in writing and delivered to the unrepresented Party prior to signing.

[// GUIDANCE: For unrepresented parties, prepare a separate document explaining in plain language: (1) what community property rights the party is waiving; (2) what spousal support rights are affected; (3) what estate/death rights are affected; and (4) any other rights being waived. This written explanation must be delivered before signing.]

XVI. SEVEN-DAY WAITING PERIOD COMPLIANCE

16.1 Statutory Requirement

Under Cal. Fam. Code § 1615(c)(2), for agreements executed on or after January 1, 2020, the party against whom enforcement is sought must have had not less than seven (7) calendar days between the time that party was first presented with the final agreement and the time the agreement was signed. This requirement applies regardless of whether the party is represented by legal counsel.

16.2 Compliance Record

[// GUIDANCE: The 7-day period runs from the date the FINAL agreement is first presented. If the agreement is materially revised after being presented, a new 7-day period should begin from the date the revised final agreement is presented. Minor, non-substantive corrections (e.g., typographical errors) generally do not require a new waiting period. Document the timeline carefully — failure to comply with the 7-day requirement is grounds for invalidating the agreement.]

16.3 No Duress or Pressure

Each Party confirms that no undue pressure was exerted to sign the Agreement before the expiration of the 7-day waiting period, and that each Party had sufficient time to review the Agreement, consult with counsel, and consider its terms.

Party A Initials: [____] Party B Initials: [____]

XVII. VOLUNTARINESS DECLARATION

17.1 Declaration of Voluntariness

Each Party hereby declares, under penalty of perjury under the laws of the State of California, that:

(a) I am entering into this Agreement voluntarily and of my own free will;
(b) I have not been subjected to fraud, duress, coercion, or undue influence by the other Party or any other person in connection with this Agreement;
(c) I have had adequate time and opportunity to review this Agreement and all attached Schedules and Exhibits;
(d) I have been advised to seek independent legal counsel and have either retained counsel or knowingly and voluntarily waived my right to counsel in a separate writing;
(e) I have received full, fair, and reasonable disclosure of the other Party's financial condition, including assets, liabilities, and income;
(f) I understand the terms and legal effect of this Agreement, including the rights I am waiving or modifying;
(g) I am proficient in the English language, in which this Agreement is written, OR I have had the Agreement translated into [________________________________] and the translation has been explained to me;
(h) I had not less than seven (7) calendar days between receiving the final Agreement and signing it; and
(i) I am of sound mind and not under the influence of any substance that would impair my judgment.

Party A Signature: _________________________________ Date: [__/__/____]
Party A Printed Name: [________________________________]

Party B Signature: _________________________________ Date: [__/__/____]
Party B Printed Name: [________________________________]

XVIII. GENERAL PROVISIONS

18.1 Entire Agreement

This Agreement, together with all attached Schedules and Exhibits, constitutes the entire understanding between the Parties regarding the subject matter hereof and supersedes all prior negotiations, discussions, understandings, and agreements, whether oral or written.

18.2 Severability

If any provision of this Agreement is held to be invalid, void, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be reformed to the minimum extent necessary to render it enforceable while preserving the Parties' original intent.

18.3 No Waiver

The failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of that Party's right to enforce such provision in the future. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought.

18.4 Binding Effect

This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, and permitted successors.

18.5 No Assignment

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

18.6 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, including but not limited to the California Uniform Premarital Agreement Act (Cal. Fam. Code §§ 1600-1617) and the California community property statutes (Cal. Fam. Code §§ 760 et seq.).

18.7 Headings

The headings used in this Agreement are for convenience of reference only and shall not affect the interpretation or construction of any provision.

18.8 Counterparts

This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

18.9 Attorney Fees

In any action or proceeding to enforce or interpret this Agreement, the court may award reasonable attorney fees and costs to the prevailing Party, consistent with Cal. Fam. Code § 271 and other applicable law.

18.10 Notices

All notices required or permitted under this Agreement shall be in writing and shall be delivered personally or sent by certified mail, return receipt requested, to the Parties at the addresses set forth in Section 1.1, or to such other address as a Party may designate in writing.

18.11 Children

Nothing in this Agreement shall affect:
(a) The right of any child of the Parties to child support, as provided by law;
(b) The court's authority to determine child custody and visitation; or
(c) Any obligation of either Party regarding the support, care, or custody of children.

This provision is included in compliance with Cal. Fam. Code § 1612(b), which provides that the right of a child to support may not be adversely affected by a premarital agreement.

18.12 Confidentiality

The terms of this Agreement and the financial disclosures contained herein and in the attached Schedules shall remain confidential and shall not be disclosed to any third party, except:
(a) As required by law, court order, or legal process;
(b) To either Party's legal counsel, tax advisor, or financial advisor;
(c) As necessary to enforce or defend this Agreement; or
(d) By mutual written agreement of both Parties.

18.13 Further Assurances

Each Party agrees to execute and deliver such additional documents and to take such additional actions as may be reasonably necessary to carry out the intent and purposes of this Agreement.

XIX. EXECUTION AND NOTARIZATION

19.1 Execution

IN WITNESS WHEREOF, the Parties have executed this Premarital Agreement on the dates set forth below, having each read and understood its terms and having entered into it voluntarily.

PARTY A:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

PARTY B:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

19.2 Notarization — Party A

STATE OF CALIFORNIA
COUNTY OF [________________________________]

On [__/__/____], before me, [________________________________], a Notary Public in and for said State, personally appeared [________________________________], who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _________________________________
Notary Public in and for the State of California

My Commission Expires: [__/__/____]

[NOTARY SEAL]

19.3 Notarization — Party B

STATE OF CALIFORNIA
COUNTY OF [________________________________]

On [__/__/____], before me, [________________________________], a Notary Public in and for said State, personally appeared [________________________________], who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _________________________________
Notary Public in and for the State of California

My Commission Expires: [__/__/____]

[NOTARY SEAL]

19.4 Certificate of Independent Counsel — Party A

[// GUIDANCE: Complete this section if Party A is represented by independent counsel. If Party A waived counsel, attach the waiver as Exhibit 1 instead.]

I, [________________________________], attorney at law, State Bar No. [________________________________], hereby certify that:

1. I have been retained by and represent Party A, [________________________________], in connection with this Premarital Agreement;
2. I have reviewed this Agreement in its entirety with Party A;
3. I have explained the legal effect of each provision to Party A, including the rights being waived or modified;
4. I have advised Party A regarding the enforceability of this Agreement under California law;
5. Party A has indicated to me that Party A understands the terms and effects of this Agreement; and
6. In my professional opinion, Party A is entering into this Agreement voluntarily and with adequate knowledge of the other Party's financial condition.

Attorney Signature: _________________________________
Printed Name: [________________________________]
State Bar No.: [________________________________]
Date: [__/__/____]

19.5 Certificate of Independent Counsel — Party B

[// GUIDANCE: Complete this section if Party B is represented by independent counsel. If Party B waived counsel, attach the waiver as Exhibit 2 instead.]

I, [________________________________], attorney at law, State Bar No. [________________________________], hereby certify that:

1. I have been retained by and represent Party B, [________________________________], in connection with this Premarital Agreement;
2. I have reviewed this Agreement in its entirety with Party B;
3. I have explained the legal effect of each provision to Party B, including the rights being waived or modified;
4. I have advised Party B regarding the enforceability of this Agreement under California law;
5. Party B has indicated to me that Party B understands the terms and effects of this Agreement; and
6. In my professional opinion, Party B is entering into this Agreement voluntarily and with adequate knowledge of the other Party's financial condition.

Attorney Signature: _________________________________
Printed Name: [________________________________]
State Bar No.: [________________________________]
Date: [__/__/____]

SCHEDULE A — PARTY A SEPARATE PROPERTY DISCLOSURE

[// GUIDANCE: List all of Party A's Separate Property in detail. Include real property (with addresses and estimated values), bank and financial accounts (with institution names and approximate balances), investment accounts, retirement accounts, vehicles, business interests, personal property of significant value, intellectual property, expected inheritances, and any other assets. This schedule is critical to enforceability — omissions may be grounds for challenging the Agreement.]

Real Property

Financial Accounts

Investment Accounts

Retirement Accounts

Business Interests

Vehicles

Personal Property of Significant Value

Other Assets

Total Estimated Separate Property of Party A: $[________________________________]

Party A Initials: [____] Date: [__/__/____]

SCHEDULE B — PARTY B SEPARATE PROPERTY DISCLOSURE

[// GUIDANCE: List all of Party B's Separate Property in detail. See guidance for Schedule A.]

Real Property

Financial Accounts

Investment Accounts

Retirement Accounts

Business Interests

Vehicles

Personal Property of Significant Value

Other Assets

Total Estimated Separate Property of Party B: $[________________________________]

Party B Initials: [____] Date: [__/__/____]

SCHEDULE C — PARTY A FINANCIAL DISCLOSURE

[// GUIDANCE: This schedule should provide a comprehensive financial picture of Party A, including income, assets, and liabilities. This is distinct from the Separate Property schedule — it should include ALL assets and liabilities, not just separate property. Full financial disclosure is essential to enforceability under Cal. Fam. Code § 1615.]

Income

Summary of Assets

Summary of Liabilities

Net Worth

Expected Future Interests

[// GUIDANCE: Expected future interests may include anticipated inheritances, vesting stock options, pending business sales, anticipated insurance proceeds, trust distributions, and similar items. Disclosure of these items enhances the completeness of the financial disclosure.]

Party A Signature: _________________________________ Date: [__/__/____]

SCHEDULE D — PARTY B FINANCIAL DISCLOSURE

[// GUIDANCE: This schedule should provide a comprehensive financial picture of Party B. See guidance for Schedule C.]

Income

Summary of Assets

Summary of Liabilities

Net Worth

Expected Future Interests

Party B Signature: _________________________________ Date: [__/__/____]

EXHIBIT 1 — WAIVER OF INDEPENDENT LEGAL COUNSEL (PARTY A)

[// GUIDANCE: Use this exhibit ONLY if Party A is not represented by independent legal counsel. This waiver must be executed as a SEPARATE WRITING, consistent with Cal. Fam. Code § 1615(c)(1). The advisement to seek counsel must have been made at least seven (7) calendar days before the final agreement is signed.]

I, [________________________________] ("Party A"), hereby acknowledge and declare the following:

1. I have been advised, both orally and in writing, to seek independent legal counsel regarding the Premarital Agreement between myself and [________________________________] ("Party B").

2. This advisement was first made to me on [__/__/____], which is not less than seven (7) calendar days before I signed the final Premarital Agreement.

3. I understand the importance of having independent legal counsel review the Agreement and explain my legal rights and the consequences of signing the Agreement.

4. After careful consideration, I voluntarily and knowingly choose to waive my right to independent legal counsel.

5. I have been fully informed of the terms and basic effect of the Agreement, as well as the rights and obligations I am giving up by signing the Agreement, through a written explanation delivered to me on [__/__/____].

6. I am proficient in the English language, in which the explanation of my rights was conducted and in which the Agreement is written.

7. This waiver is not being executed under duress, fraud, or undue influence, and I have full capacity to enter into this waiver and the Agreement.

Party A Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

EXHIBIT 2 — WAIVER OF INDEPENDENT LEGAL COUNSEL (PARTY B)

[// GUIDANCE: Use this exhibit ONLY if Party B is not represented by independent legal counsel. See guidance for Exhibit 1.]

I, [________________________________] ("Party B"), hereby acknowledge and declare the following:

1. I have been advised, both orally and in writing, to seek independent legal counsel regarding the Premarital Agreement between myself and [________________________________] ("Party A").

2. This advisement was first made to me on [__/__/____], which is not less than seven (7) calendar days before I signed the final Premarital Agreement.

3. I understand the importance of having independent legal counsel review the Agreement and explain my legal rights and the consequences of signing the Agreement.

4. After careful consideration, I voluntarily and knowingly choose to waive my right to independent legal counsel.

5. I have been fully informed of the terms and basic effect of the Agreement, as well as the rights and obligations I am giving up by signing the Agreement, through a written explanation delivered to me on [__/__/____].

6. I am proficient in the English language, in which the explanation of my rights was conducted and in which the Agreement is written.

7. This waiver is not being executed under duress, fraud, or undue influence, and I have full capacity to enter into this waiver and the Agreement.

Party B Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Sources and References

• California Uniform Premarital Agreement Act (Cal. Fam. Code §§ 1600-1617)
• Cal. Fam. Code § 1612 — Scope and Content of Premarital Agreements
• Cal. Fam. Code § 1615 — Enforceability; Voluntariness; Independent Counsel
• Cal. Fam. Code § 760 — Community Property Presumption
• Cal. Fam. Code § 770 — Separate Property Definition
• Cal. Fam. Code § 852 — Transmutation Requirements
• Cal. Fam. Code § 125 — Quasi-Community Property
• California Proposition 19 — Property Tax Reassessment Rules
• California Prenuptial Agreement 7-Day Waiting Period
• Spousal Support Waiver Enforceability in California Prenuptial Agreements

Prepared for attorney review. This template is provided for informational purposes only and does not constitute legal advice.