Prenuptial Agreement

Premarital Agreement Forms

ACKNOWLEDGEMENT OF RIGHTS AND OBLIGATIONS

RE: PREMARITAL AGREEMENT BETWEEN AND

I , hereby acknowledge my understanding of the following rights and obligations of the parties to a Premarital Agreement under the laws of the State of California:

1. California is a community property state. Equal ownership of community property assets has never been dependent upon a determination of labor or talent. Men and women are considered equal partners in a marriage in California. Each shares marital property equally regardless of whether their assets were earned by one or the other.

2. Under California law, future spouses may modify their legal relationship by entering into a premarital agreement.

a. The right and obligation of the parties to give and receive fair and adequate disclosure of the property and financial obligations of the parties prior to the execution of a premarital agreement.

b. The right to be represented by independent counsel of your choice.

c. The right to a period of consideration and examination consisting of no less than seven days between receipt and execution.

d. The right to have the Premarital Agreement and this Acknowledgment of Rights and Obligations provided in a language in which you are proficient.

e. The right to question or request additional information regarding any disclosed assets or financial obligation of the other party.

f. The right to consider, evaluate, question, and execute the Premarital Agreement free of duress, fraud, or under influence.

3. By executing the premarital agreement you will be waiving all of the following rights:

a. Division of community and quasi-community property;

b. Support to either spouse in any amount and for any period of time;

c. The award of marital assets by the court on such conditions as it feels proper.

4. This statement of Rights and Obligations has been provided by

I, , hereby acknowledge receipt of this Declaration of Rights and Obligations on this the day of ,

ADVISEMENT AND WAIVER OF RIGHT TO INDEPENDENT COUNSEL

RE: PREMARITAL AGREEMENT BETWEEN AND

NAME OF DECLARANT:

RIGHT TO BE REPRESENTED BY A LAWYER. I understand that I have the right to be represented by independent counsel of my own choice in connection with a proposed premarital agreement between myself and .

WAIVER. I understand that I am giving up the rights stated above and hereby waive the right to independent counsel.

Date:

PREMARITAL AGREEMENT DISCLOSURE

AS STATED BELOW, IT IS VERY IMPORTANT THAT YOU BE REPRESENTED BY INDEPENDENT COUNSEL, OR WAIVE SUCH RIGHT. SEVEN (7) DAYS MUST PASS BEFORE EXECUTION OF THE AGREEMENT AS PROVIDED BELOW.

The parties understand fully the laws of California dealing with the validity of premarital agreements, including, but not limited to the following:

(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following:

(1) That party did not execute the agreement voluntarily.

(2) The agreement was unconscionable when it was executed and, before execution of the agreement, all of the following applied to that party.

WE HAVE FULLY READ AND UNDERSTAND THE ABOVE LAWS AND WERE PROVIDED THIS DISCLOSURE, A COPY OF THE PROPOSED PREMARITAL AGREEMENT AND WERE ADVISED TO SEEK INDEPENDENT COUNSEL AT LEAST SEVEN (7) DAYS BEFORE EXECUTION OF THE ACTUAL AGREEMENT.

PREMARITAL AGREEMENT

THIS AGREEMENT, made this day of , , between (Name), of , State , and (Name), of , State .

WITNESSETH

WHEREAS, Husband (check all that apply):

has previously been married;

has a child or children;

has not been married; and

Wife (check all that apply):

has previously been married;

has a child or children;

has not been married.

The parties desire to enter into this agreement prior to their contemplated marriage.

WHEREAS, the parties hereto have accumulated separate estates; and

WHEREAS, the parties are about to contract marriage and execute this agreement in contemplation of marriage to be effective upon their marriage in accordance with the laws of the State of California.

(1) Each of the parties shall have full control of his or her own separate property.

(2) Except as otherwise expressly provided, each of the parties hereby waives, relinquishes, conveys, quitclaims, bars, discharges, surrenders and releases to the other all of the following:

(3) (check One)

The parties have each executed a Last Will and Testament, copies of which are attached hereto as Exhibits and

The parties shall not change their existing Will, if any, or make a new Will at this time.

(11) Not applicable or The parties further agree that in the event of divorce, additional provisions shall apply.

(a) The Wife shall be entitled to receive property of Husband described as follows:

(b) The Husband shall be entitled to receive property of Wife described as follows:

(c) The following property shall be sold and the proceeds divided equally between the parties:

(d) The Husband shall pay a lump sum settlement to Wife described as follows:

(e) The Wife shall pay a lump sum settlement to Husband described as follows:

(f) The marital domicile shall be:

(18) Each party further agrees and affirms as follows:

(a) That the party did execute the agreement voluntarily;

(b) That this agreement is not unconscionable when it was executed;

(c) Both parties were provided prior to execution of this agreement a fair and reasonable disclosure of the property or financial obligations of the other party;

(d) That he and she did have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

Approved:

Attorney for First Party:

Attorney for Second Party:

Note: This agreement must be executed before a notary public.

State of California

County of

On before me, personally appeared

Signature (Seal):

State of California

County of

On before me, personally appeared

Signature (Seal):