Free Prenuptial Agreement Template

PRENUPTIAL AGREEMENT

Antenuptial Agreement — Governed By California Law

This Prenuptial Agreement (this "Agreement") is entered into by and between Michael Torres ("Party A") and Emily Chen ("Party B") (collectively, the "Parties"), in contemplation of their forthcoming marriage scheduled on September 15, 2026. This Agreement is made pursuant to the Uniform Premarital Agreement Act (UPAA), adopted by twenty-eight (28) or more U.S. jurisdictions, or the Uniform Premarital and Marital Agreements Act (UPMAA) in states that have adopted it, and/or the applicable statutes of the governing state (including, where applicable, Cal. Fam. Code §§ 1610-1617 or N.Y. Dom. Rel. Law § 236(B)(3)). To be enforceable, this Agreement must be in writing, signed by both Parties, entered into voluntarily, and executed upon a full and fair disclosure of assets and liabilities. This Agreement is intended to be effective upon solemnization of the marriage and to govern the respective rights and obligations of the Parties with respect to property, support, and financial matters in the event of dissolution of the marriage.

All property, assets, and accounts owned by each Party as of the date of marriage — including real property, bank and brokerage accounts, retirement accounts, business interests, intellectual property, and personal property — shall remain that Party's sole and separate property after marriage and shall not be subject to division, equitable distribution, or community property claims upon dissolution of the marriage. The Parties acknowledge that, with respect to any qualified retirement plan governed by the Employee Retirement Income Security Act of 1974 (ERISA), a non-participant spouse retains statutory rights to a qualified joint and survivor annuity and qualified pre-retirement survivor annuity under ERISA § 205 (29 U.S.C. § 1055), and such rights may only be waived after the marriage by a properly notarized or plan-administrator-witnessed spousal consent (26 C.F.R. § 1.401(a)-20, QandA-28). Any premarital waiver of ERISA-qualified-plan rights shall be confirmed by post-marriage spousal consent under the plan’s procedures. Income, wages, salaries, and other earnings received by each Party during the marriage shall likewise remain that Party's sole and separate property and shall not become marital property by virtue of the marriage alone.

Each Party hereby waives and relinquishes any and all claims for spousal support, alimony, maintenance, or any other form of post-marital financial support from the other Party, whether temporary or permanent, in the event the marriage is dissolved for any reason. This waiver is subject to UPAA § 6(b) / UPMAA § 10: a court may decline to enforce a spousal-support waiver if enforcement would leave a Party eligible for public assistance, or if the provision is unconscionable at the time of enforcement. For federal tax purposes, any alimony or separate maintenance payments under divorce or separation instruments executed after December 31, 2018 are neither deductible by the payor nor includable in income of the recipient, pursuant to the Tax Cuts and Jobs Act (Pub. L. 115-97, amending IRC §§ 71, 215).

(a) Pre-Marital Debts: All debts incurred by either Party prior to the date of marriage — including student loans, credit card balances, personal loans, and mortgages — shall remain the sole and separate obligation of the Party who incurred such debt. The other Party shall have no obligation or liability for any such pre-marital debt.

(b) Debts During Marriage: Any debt incurred by a Party in that Party's name alone during the marriage, without the written consent of the other Party, shall remain the sole obligation of the incurring Party. Debts jointly executed by both Parties shall be the joint responsibility of both Parties.

Each Party represents and warrants that they have provided a fair and reasonable disclosure of all material assets, liabilities, income, and financial obligations to the other Party prior to execution of this Agreement, as required for enforceability under UPAA § 6 and UPMAA § 9, and consistent with leading case law (see, e.g., In re Marriage of Bonds, 24 Cal. 4th 1 (2000); Simeone v. Simeone, 525 Pa. 392 (1990)). Complete disclosures are set forth in Schedule A (Michael Torres) and Schedule B (Emily Chen), attached hereto and incorporated by reference. Each Party acknowledges having had a fair opportunity to review the other Party's disclosures. A material omission or misrepresentation, or a showing that the Party against whom enforcement is sought did not execute the Agreement voluntarily, shall render this Agreement unenforceable under UPAA § 6(a).

This Agreement shall be governed by the laws of the State of California. If any provision is held invalid or unenforceable by a court of competent jurisdiction, it shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall remain in full force and effect. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior agreements. Amendments require a written instrument signed by both Parties before a notary public.

INDEPENDENT COUNSEL ACKNOWLEDGMENT

Each Party acknowledges that: (i) they have read and fully understood this Agreement; (ii) they have had the full and meaningful opportunity to consult with independent legal counsel of their own choosing prior to signing; (iii) they are entering into this Agreement freely, voluntarily, and without coercion, duress, or undue influence of any kind; and (iv) they believe this Agreement to be fair and reasonable under the circumstances at the time of execution.

IN WITNESS WHEREOF, the Parties have executed this Prenuptial Agreement as of the date first written above, intending to be legally bound hereby.