Prenuptial Agreement in California

Federal & State Law Editorial TeamLast reviewed: April 2026

California Requirements

  • Must be in writing and signed by both parties
  • Minimum 7-day waiting period between presentation of final agreement and signing
  • Spousal-support waivers require independent counsel for both parties or are unenforceable
  • Full and fair disclosure of property and obligations of each party
  • Cannot adversely affect child support; provisions promoting divorce are void
Filing Location

No filing required; retain originals with personal records

Filing Fee

None (attorney fees and notarization may apply)

How to Complete This Form

  1. 1Obtain a blank quitclaim deed form that complies with your state's requirements.
  2. 2Enter the full legal name and address of the grantor (the person transferring the property).
  3. 3Enter the full legal name and address of the grantee (the person receiving the property).
  4. 4Include the complete legal description of the property (obtained from the current deed or county records).
  5. 5Sign the deed in the presence of a notary public and any required witnesses.
  6. 6File the deed with the county recorder's office along with any required transfer tax forms and fees.
  7. 7Keep a copy of the recorded deed for your records.

Download Form Template

Download a template for the Prenuptial Agreement customized with California-specific requirements and instructions.

Prenuptial Agreement in Other States

Other Forms in California

When to Talk to a Lawyer

  • Your situation involves complex legal issues or significant financial consequences.
  • You are unsure whether the form meets your state's specific requirements.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.