If you want to know whether you and your partner need a prenuptial agreement in place, it’s a great idea to read through a California prenup template. This can help you understand the issues a typical prenuptial agreement addresses and how.
Below is an example of a basic, hypothetical prenup agreement in California. But first, some important disclaimers:
- This example prenup is for informational purposes only. It is not intended to be utilized as a binding legal document.
- Using this prenup template does not create an attorney-client relationship between you and our law firm.
- The best way for you and your partner to realize the benefits of a prenuptial agreement is to consult a qualified attorney. A prenup lawyer helps you work through each clause in your prenuptial agreement, given your unique circumstances and goals.
With all of that in mind, here is an example of a basic prenup agreement for a hypothetical California couple.
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Sample California Prenuptial Agreement
Bonnie & Clyde’s Prenuptial Agreement
This Prenuptial Agreement (the “Agreement”) is made and entered into by Bonnie Elizabeth Parker (hereinafter referred to as “Bonnie”) and Clyde Chestnut Barrow (hereinafter referred to as “Clyde”) on the [Date] day of [Month], [Year].
WHEREAS, Bonnie and Clyde are about to enter into a marriage on [Wedding Date]; and
WHEREAS, Bonnie and Clyde wish to define their respective rights and responsibilities with respect to their separate and joint property, and to set forth their mutual understanding regarding financial matters in the event of the termination of their marriage by death or divorce;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties agree as follows:
- Separate Property. Bonnie and Clyde acknowledge that each party has separate property, as defined by California law, which consists of the following:
Bonnie: [List of Bonnie’s separate property]
Clyde: [List of Clyde’s separate property]
- Community Property. Bonnie and Clyde acknowledge that all property acquired by either party during the marriage, except for separate property as defined above, shall be deemed community property, as defined by California law.
- Disposition of Property upon Death. Upon the death of either Bonnie or Clyde, all separate property shall be distributed to the surviving spouse, and all community property shall be distributed in accordance with the provisions of any valid will or trust executed by the deceased spouse, or if no such will or trust exists, in accordance with the laws of intestacy of the State of California.
- Spousal Support. In the event of the termination of the marriage by divorce, neither Bonnie nor Clyde shall be entitled to receive spousal support from the other party, except as may be agreed upon in writing by the parties or as may be ordered by a court of competent jurisdiction.
- Waiver of Right to Inherit. Bonnie and Clyde hereby waive any right to inherit from the estate of the other party, except as may be provided for in any valid will or trust executed by the other party.
- Survival of Agreement. This Agreement shall survive the death of either party and shall continue to be binding upon the parties and their respective heirs, executors, administrators, and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first above written.
Bonnie Elizabeth Parker
Clyde Chestnut Barrow
So there you have it: an example of a generic prenuptial agreement for a couple in California. Below you’ll find links to related articles to help you further understand whether a prenuptial agreement might be right for you and your partner.
Related: Do I Really Need a Lawyer to Make a Prenup in California?
Why a DIY Prenup Using a Free Template Is a Bad Idea
Now that we’ve provided you with a free California prenup template let us tell you why doing it yourself (i.e., without a qualified attorney) is a bad idea. Additionally, we’ll talk about how using a free template may backfire in the future even if it’s technically legal at the time of signing.
Free Prenup Templates Don’t Come with a Warranty
One obvious thing you don’t get with a free California prenup template is a statement that the business stands behind its product. They don’t. Instead, if you scroll to the bottom of the webpage, you will typically find a statement in tiny font reading something like, “We are not a law firm and do not provide legal advice or representation. Our products and services are not intended as a substitute for a lawyer.” Of course, they are intended as a substitute for legal services. That’s why people go to these websites. Moreover, these websites generally disclaim any responsibility for unintended or negative legal consequences arising from a defective template. With boilerplate templates, you really get what you pay for.
However, there is another unseen risk of using a free template, particularly in California. That’s because California law requires couples to each have their own lawyer review the terms of their prenup at the time of signing. And, if the party in question didn’t formally waive their right to an attorney in writing, this may cause the prenup to be invalid later on. If there is any other reason why you shouldn’t use a free prenup template, this is it.
Related: Are Online Prenups Legal or Should I Hire a Lawyer?
Free California Prenup Templates Are Oversimplified
Businesses design online legal forms for the masses. They don’t make them for your specific needs. Prenuptial agreements are extremely personal and require a tailored approach for each couple. While online templates may provide good talking points, getting your unique details right requires a skilled attorney fluent in contract law, family law, and estate planning.
A Divorce Court May Invalidate Your Free Prenup Template
California has very particular laws governing the formation of prenuptial contracts as well as what subject matter a prenup can and can’t address. You probably don’t know these laws. If you go it alone with an online template, know that mistakes are very easy to make. The consequences can be severe. An unknowing mistake may render the prenuptial agreement void or subject it to challenge in court.
Online prenuptial contract templates can fail in many ways. They may contain incomplete language, leave out details, or deal in matters contrary to public policy. For example, prenups cannot dictate future custody arrangements or child support obligations. Instead, California family law courts award custody based on the best interest of the child.
Doing it Yourself Means Not Getting Answers to Your Questions
If the court does not believe each party comprehended the prenup when signed, it may invalidate the contract during divorce proceedings. Internet research isn’t a replacement for consulting an experienced California prenup lawyer. They can answer your questions with competence and ensure you understand any and all waivers before you sign.
Free Prenups Create a False Sense of Security
There are always unique circumstances about a couple that require the expertise of an experienced lawyer. It’s easy to overlook these considerations when using online boilerplate templates. When there’s not even a blank to fill in, how can a couple know they’re missing something? As a result, you and your future spouse may create a false sense of security. You may think you have protection when you don’t.
Related: How Much Does a Prenup Cost in California?
Get Qualified Help and Get Your Prenup Done Right
The cost of working with a qualified attorney to establish an enforceable prenuptial agreement is nothing compared to the cost of creating an unenforceable prenup and having to deal with costly litigation and even the loss of your assets in the case of a divorce. However, we can help you get your prenup done quickly, cost-effectively, and in a way that ensures that your agreement is lawful and enforceable.
Contact us now to get started.