California Prenuptial Agreement | Laws

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Updated August 07, 2022

Or use an attorney at ContractsCounsel to draft this agreement.

California prenuptial agreement is a legal document that declares both individuals’ assets and debts before marriage and the separation after a divorce. The creation of this document is usually a precautionary measure that prevents an unfair distribution of assets following a divorce. In order for the prenuptial agreement to hold up in court, it must be entered into voluntarily by both parties, both parties must have their own independent legal advisors, and both parties must disclose the entirety of their assets and debts to the other.

Signing Requirements (Family Code § 1611) – Both spouses are required to sign. Notarization is recommended, however, it is not a requirement.