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LEGALDOCS - California Pre-Marital Agreement Questionnaire


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THERE IS A CHARGE OF $15.95 TO OBTAIN AND PRINT THIS DOCUMENT. You can proceed with the Questionnaire, and obtain a California Pre-Marital Agreement free of charge, but to obtain the final, completed document, ready for viewing and instant printing (or Save-to-File), you will be asked to submit credit card information and will be billed $15.95. However, please feel free to complete or review this Questionnaire and the Summary which will be produced. It is educational and will provide some insight regarding which areas, minimally, should be covered, and will let you see if the subject matters important to you are covered in the California Pre-Marital Agreement

Once you pay for the document, you can return to this site and access and modify the completed document for 24 hours as long as you use the same computer. The completed document is available in MSWord format, so you can print and/or save it to your hard drive. You can then modify the document on your system in MSWord, or (during the initial 24 hour period) modify the document by clicking on the document link in legaldocs.com. You can also copy/paste the document into any other word processor and print or make changes as you desire.


Skip this explanation and go directly to the Questions below.


The purpose of this premarital (or prenuptial) agreement is to ensure that the premarital property of each prospective spouse keeps the separate or community property characteristics after the marriage as the parties desire. In this agreement, the separate property of each party as of the date of marriage remains the separate property of that party. The parties to this agreement can agree that any post marital increase in value to the separate property either remains the separate property of the party owning it, or that any post marital increase will become community property.

Prenuptial agreements were once widely disfavored by the California judiciary, and the courts often invalidated such agreements based on a technicality, or the claim that the party not receiving the state's community property benefits were coerced into signing, or didn't know what they were giving up in the Agreement. More recently, however, the courts have developed a more lenient attitude in upholding prenuptial agreements, on the belief that, especially prior to marriage, parties should freely be able to bargain their co-existence.

This Agreement requires the parties to attach an exhibit named "Disclosure of Property Interests", which will include all of the premarital property owned by both parties. This can be a typed or handwritten document listing each parties' assets, and should be initialled or signed by both parties and then stapled to this Agreement.

If the Agreement is reviewed by an attorney of the spouse which would ultimately challenge the Agreement, a Court will be hard pressed to not enforce the Agreement, even if it is very one-sided in not giving one spouse any increase in the value of any asset after the date of the marriage. This form allows you to insert language that an attorney has reviewed this Agreement and counseled the one spouse concerning the effect of this Agreement.

To complete your California Pre-Marital Agreement, fill out this form.

PROSPECTIVE SPOUSE INFORMATION

First Spouse Name:
First Spouse Address:
Second Spouse Name:
Second Spouse Address:


SPECIFIC PROPERTY WHICH IS SUBJECT TO THIS AGREEMENT

Below you will have an opportunity to set forth the property you wish to include in this agreement. You may either attach a separate listing and description of all included properties as an exibit, or you may specify the property in the five spaces below. You can also use a global "all property owned prior to marriage"; but if there may be a dispute later as to what property was owned by either parties prior to marriage, the best procedure is to list all property individually either below or in a separate exhibit.

First Prospective Spouse Property Information:

The following property of the First Prospective Spouse will be included in this agreement.
None (this agreement deals with property of Second Prospective Spouse).
All property shown in an Exhibit which will be attached to this Agreement
All property owned by this person prior to marriage.
As set forth as follows:

(List individual items of assets to be subject to this Agreement)





Second Prospective Spouse Property Information:

The following property of the Second Prospective Spouse will be included in this agreement.
None (this agreement deals with property of First Prospective Spouse).
All property shown in an Exhibit which will be attached to this Agreement
All property owned by this person prior to marriage.
As set forth as follows:

(List individual items of assets to be subject to this Agreement)





CHARACTER OF ASSETS AFTER DATE OF MARRIAGE:

In this section you will decide how the assets (and any increase in value, if any) included in this agreement will be held after the date of marriage. REMEMBER - This Agreement specifies that the value any assets which are listed in this Agreement had PRIOR to the date of marriage remains the separate property of the person owning that asset. This Agreement only deals with the increase in value after the date of marriage.

Any increase in value will be shared by both spouses.
Any increase in value will be retained by the person owning the asset prior to marriage.
Any increase in value will be applied as follows:

Enter your own language. Use full sentences and punctuation.

REPRESENTATION BY INDEPENDENT COUNSEL:

Indicate if either party will have an independent lawyer sign this agreement, indicating that he/she reviewed it and explained the agreement's provisions to his/her client.

For the First Prospective Spouse:

No attorney will review.
An attorney will review, but we don't know who.
An attorney will review, and his/her information is as follows:

(type in name, firm name, and address).

For the Second Prospective Spouse:

No attorney will review.
An attorney will review, but we don't know who.
An attorney will review, and his/her information is as follows:

(type in name, firm name, and address).

ARBITRATION CLAUSE:

In the event of a dispute, do you want this matter to be resolved through binding arbitration instead of an action in a court of law? (Many legal professionals argue that arbitration is faster and less costly than an action in court. This author's personal experience is that arbitration may be, but is not necessarily any less expensive than a court action. It usually is somewhat faster. However, important appeal rights are lost in arbitration, and if the arbitrator makes a bad ruling, appeals are usually not allowed).

Yes, include an arbitration clause.
No, do not include an arbitration clause.

ATTORNEY'S FEES CLAUSE:

If either party to California Pre-Marital Agreement brings a legal action or arbitration against the other party, should the party winning the lawsuit or arbitration be entitled to reasonable attorney's fees in addition to that party's other recovery?

Yes, include an attorney's fee clause.
No, do not include an attorney's fee clause.

PLACE OF SIGNING:

This California Pre-Marital Agreement is entered into in the:

City of:
County of:
State of:

This completes the information input for your California Pre-Marital Agreement. When you Send this Form, this program will prepare a Summary of the California Pre-Marital Agreement for your review. Make sure that all facts stated in the Summary are correct in all respects.




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