As a California business and family law attorney with over 12 years of drafting and reviewing prenuptial agreements, I’ve helped hundreds of couples protect their assets before marriage. A well-drafted prenuptial agreement template for California can save you thousands in legal fees while giving you peace of mind. In this comprehensive guide, I’ll provide you with a free, attorney-reviewed prenuptial agreement template California residents can download and customize, explain every section in plain English, and show you exactly how to make it legally enforceable under California law in 2025.
Download the free sample prenuptial agreement California template at the end of this article.
A prenuptial agreement (commonly called a “prenup”) is a written contract created by two people before they marry. In California, these agreements are governed primarily by the California Family Code §§ 1600–1617 (Uniform Premarital Agreement Act) and case law. The document typically specifies how assets, debts, spousal support, and inheritance rights will be handled if the marriage ends in divorce or death.
According to the most recent IRS data and California Courts statistics, California remains a community property state — meaning anything acquired during marriage is presumed 50/50 unless a valid prenup says otherwise. With the median California home price exceeding $800,000 in 2025 and average wedding costs topping $35,000, more couples than ever are protecting pre-marital wealth, businesses, stock options, and inheritances.
California courts will only enforce a prenup if it meets strict requirements. Failure on any one can void the entire document. Here are the non-negotiable rules:
Click below to download my completely free, attorney-drafted prenuptial agreement template California version updated for 2025 law changes:
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Important Disclaimer: This sample prenuptial agreement California template is provided for informational purposes only and does not create an attorney-client relationship. It is not legal advice. Laws change and your situation is unique. Always consult a licensed California family law attorney before signing.
Identifies the parties, states the contemplated marriage, and confirms both parties have had adequate time and opportunity for legal review.
Each spouse attaches a complete list of assets, liabilities, and income. California courts require “reasonable” disclosure — hiding a $500,000 brokerage account can void the entire prenup (see In re Marriage of Brewer & Pearce).
Clearly states that all property listed in Schedule A/B remains separate property, as well as gifts, inheritances, and passive appreciation received during marriage.
Waives or limits California’s community property presumptions. Most couples elect “separate property in, separate property out.”
California allows waiver or limitation of spousal support, but courts will strike unconscionable provisions if one spouse would be left on public assistance (Fam. Code § 1612(c)).
Confirms separate property passes according to each spouse’s estate plan, not California intestate succession.
Critical for entrepreneurs — protects pre-marriage business interests and goodwill from being divided.
Specifies who pays legal fees if the agreement is challenged.
Standard boilerplate required in every California contract.
| Article 3 – Separate Property |
| 3.1 The parties agree that all property owned by each party prior to marriage, as listed in Schedules A and B, together with any asset purchased with separate property funds or received by gift or inheritance, shall remain the separate property of that party. |
| Article 5 – Spousal Support |
| 5.1 In the event of separation or divorce, each party irrevocably waives any right to spousal support or alimony from the other, except that Wife shall receive limited support of $3,000 per month for 36 months if the marriage lasts longer than five years. |
Is a prenup legally binding in California?
Yes, if it meets all requirements of the Uniform Premarital Agreement Act (Fam. Code §§ 1600–1617).
How much does a California prenup cost if I hire an attorney?
Simple prenups: $2,500–$7,500 per side. Complex business/high-net-worth: $10,000+ per attorney.
Can I write my own prenup in California?
Yes, but courts scrutinize DIY prenups heavily, especially if one spouse was unrepresented.
Do we need to file the prenup with the county?
No. Keep it private — only produce if needed in divorce court.
In my 12+ years of practice, the couples who regret not having a prenup far outnumber those who regret having one. A fair, transparent prenuptial agreement template California couples actually use protects both spouses and dramatically reduces conflict if the marriage ends.
Download the free sample prenuptial agreement California template today, customize it with your attorney, and start your marriage with clarity and respect.
Click Here to Download Your Free 2025 California Prenuptial Agreement Template
This article is for informational purposes only and is not legal advice. Laws can change. Always consult a licensed California attorney before executing any prenuptial agreement. Sources: California Family Code §§ 1600–1617 (leginfo.legislature.ca.gov), IRS.gov community property guidance, and Judicial Council of California forms.