California Prenuptial Agreement Template

A prenuptial agreement in California must comply with state-specific legal requirements to be enforceable if the marriage ends in divorce or the death of a spouse. A prenup allows engaged couples to define how marital property, separate property, spousal support, debts, and business interests will be treated — overriding California's default property division rules. California has adopted the Uniform Premarital Agreement Act (UPAA) to govern prenuptial enforceability. California is a community property state — community property state — without a prenup, all property acquired during marriage is presumed community and divided 50/50. Regarding independent counsel, if a party lacks independent counsel, spousal support waivers are unenforceable unless that party was fully informed in writing. California courts evaluate voluntariness under a specific standard: at least 7 calendar days must pass between first presentation of the agreement and signing. The governing statute is California Family Code §§1600–1617 (Uniform Premarital Agreement Act).

Without a valid prenup, California's default property division scheme controls — and the outcome may contradict both parties' expectations. California requires full and fair disclosure of assets and liabilities is required — or a valid written waiver of disclosure for the agreement to withstand judicial scrutiny. A prenup that fails to meet California's execution and fairness standards risks being declared unconscionable or void, leaving the parties subject to default law at the worst possible time. Use our prenuptial agreement generator to create a California-compliant agreement that addresses property rights, support obligations, and asset protection.