Free California Prenuptial Agreement Template

A California prenuptial agreement is a contract future spouses sign to settle property and support terms before the wedding. California’s Uniform Premarital Agreement Act adds timing and counsel rules that shape how you prepare one.

Family Code § 1615 lists what a court must find before it treats a prenup as voluntarily signed. It must make those findings in writing or on the record.

A Review Window Before Signing

Agreements signed on or after January 1, 2020, need a gap of at least seven calendar days. It runs from when a partner first receives the final agreement to when they sign. That applies whether or not the partner has a lawyer. Nonsubstantive amendments that don’t change the terms are the only exception.

A Lawyer or a Separate Written Waiver

Each partner either has independent legal counsel at signing or formally goes without. To go without, someone must first advise them to get counsel, and they then waive it in a separate writing. That advice must come at least seven calendar days before anyone signs the final agreement.

Extra Steps for a Partner Without a Lawyer

A partner without a lawyer must fully understand the terms, their basic effect, and the rights they give up. In addition, they must be proficient in the language used for that explanation and for the agreement itself.

The explanation must be in writing and delivered before signing. On or before signing day, that partner also signs a document confirming they received it and naming who provided it.

No Pressure and Full Capacity

Nobody may sign the agreement or those side documents under duress, fraud, or undue influence. Both partners must also have the capacity to enter the agreement.

It’s a minimum gap between the final draft and signing. Under § 1615(c)(2)(B), each partner must hold the final California prenuptial agreement for at least seven calendar days before signing.

The clock runs from the final agreement, not from the first draft. So a late change to the terms may restart the wait, while a nonsubstantive fix does not.

Spousal support terms carry a separate rule. Under § 1612(c), a court won’t enforce a support term, including a waiver, against a partner who signed without independent counsel. It also fails if it’s unconscionable when someone tries to enforce it. Having a lawyer doesn’t rescue a support term that is unenforceable for another reason.

1. Finish negotiating well before the wedding. The review window only starts once the terms are final.
2. Deliver the final version and record the date. Keep proof of when each partner received it.
3. Settle the counsel question early. Each partner hires a lawyer, or signs a separate written waiver after receiving advice to get one.
4. Prepare the written explanation if needed. An unrepresented partner gets it in a language they’re proficient in, before signing.
5. Sign once the seven days have passed. The unrepresented partner signs the receipt declaration on or before that day.
6. Store every page as one set. That way your records show each step the statute lists.

Section 1612(a) gives couples wide room on property, estate plans, insurance, and choice of law. In California, though, the paperwork around the agreement matters as much as its terms.

Plan to keep these documents together:

• The final agreement, with the date each partner received it
• A separate counsel waiver for any partner signing without a lawyer
• The written explanation of rights for that partner
• That partner’s signed declaration naming who explained the terms

Inside the agreement, add support terms only if the affected partner has independent counsel. Finally, § 1612(b) bars any term that hurts a child’s right to support.