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Note that this agreement assumes that both parties are not
currently married, are healthy and self-supporting, have no minor
children, and have both agreed to waive spousal support in the event
of any dissolution or legal separation of their planned marriage.

This agreement should be modified to suit your particular


situation. Do NOT just use the wording here unless it definitely
applies to your situation. Both parties must have independent legal
counsel or any waiver of spousal support will be unenforceable.

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PREMARITAL AGREEMENT

THIS AGREEMENT is made and entered into on __________, at _______, California,

by and between _______ (______), of _______ County, California, and _______ (______),

of _______ County, California, and is made with reference to the following facts and purposes:

A. _______and _______, who are each presently unmarried, plan to be married to

each other on or about ________________.

B. _______is employed as a ____________ with ______________in ___________,

California. _______is employed as a ___________ with ____________ in _______, California.

Both parties are in good health and are financially self-supporting.

C. _______and _______were each formerly married to other persons, but each of

these former marriages has been terminated by a final judgment of marriage dissolution. Neither

_______ nor _______has any children.

D. Neither _______nor _______now has any right, title, claim or interest whatsoever

in or to the property, income or estate of the other by reason of their nonmarital relationship, or

otherwise, and neither party is indebted to the other.

E. _______and _______desire and intend to make a fair, reasonable and full

disclosure of their respective property and financial obligations, one to the other.

F. The parties desire and intend by this Agreement to (1) define their respective

rights in the property they now hold and in that property they may acquire after marriage; and (2)

avoid those interests that, except for this Agreement, each might acquire after their marriage in

the income and property of the other as incidents of their contemplated marriage.

__ __
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G. Both parties are fully informed and aware that this Agreement is a premarital

agreement as defined in California Family Code section 1610 and understand and intend that the

provisions of this Agreement shall prevail over the provisions of California law that would

otherwise be applicable in the absence of this Agreement.

THEREFORE, for good and valuable consideration including, without limitation, the

mutual promises, conditions and agreements set forth herein and the contemplated marriage of

the parties, _______and _______agree as follows:

1. Effective Date of Agreement:

This Agreement shall be and become effective as of the date of the contemplated

marriage between the parties, and its effectiveness is expressly conditioned upon such marriage.

If, for any reason, and regardless of the fault of either party, the contemplated marriage does not

take place, this Agreement will be of no force or effect.

2. Independent Legal Counsel:

The parties acknowledge and agree that they each have been represented by separate and

independent legal counsel and have relied on counsel of their own choosing in negotiations for

and in preparation of this Agreement. _______warrants and represents that she is and has been

represented by _____________, Attorney at Law, who is a member in good standing of the Bar

of the State of California. _______warrants and represents that he is and has been represented by

________________, Attorney at Law, who is a member in good standing of the Bar of the State

of California. The parties acknowledge and agree that they have carefully read this Agreement,

and that the provisions of the Agreement have been explained fully to them by their respective

counsel. __ __
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3. Voluntary and Informed Consent:

The parties further acknowledge and agree that they are fully aware of and understand the

contents, legal effect and consequences of this Agreement, and that they enter into this

Agreement voluntarily, free from duress, fraud, undue influence, coercion or misrepresentation

of any kind.

4. Property and Financial Disclosures:

a. The parties agree that, before execution of this Agreement, a fair, reasonable and

full disclosure of all of __________ property and financial obligations has been made by her to

______, and a list of such property and financial obligations is set forth in Exhibit A attached

hereto and incorporated herein by reference. It is understood that the figures and amounts of

property and financial obligations set forth in Exhibit A are approximate and not necessarily

exact, but they are intended to be reasonably accurate and are warranted to be the best estimates

of such figures and amounts.

_______hereby acknowledges his satisfaction with __________ disclosures of her

property and financial obligations and, by placing his signature at the end of this paragraph

before executing this Agreement, hereby expressly and voluntarily waives any right to disclosure

of _________ property and financial obligations beyond the disclosures provided.

______________________________

b. The parties agree that, before execution of this Agreement, a fair, reasonable and

full disclosure of all of _________ property and financial obligations has been made by him to

______, and a list of such property and financial obligations is set forth in Exhibit B attached

hereto and incorporated herein by reference. __ __


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