Prenuptial Agreement Intake Form

First, congratulations on getting married!

Secondly, congratulations for being wise about your future. A prenuptial agreement is similar to car insurance or life insurance. No one anticipates an accident, death, or a divorce. We certainly don’t like thinking or talking about it. But, divorce happens a lot these days, and it’s important to be prepared.

Thirdly, before you come in, please take the time to read the Family Code sections which govern premarital agreements (attached). This will enable you to understand the law on prenups, and give you time to plan.

Finally, please take a few moments to complete this form before your call. If we decide to work together, we will enter into a written fee agreement, which spells out our responsibilities, and an advance retainer will be required (ranges from $5,000+).

Rules for Consultation

1. The fee for a 30 minute initial consultation is $350.

2. Please do not bring any third parties to your consultation unless you are aware that there will
be no attorney/client privilege for the conversation that occurs. In other words, the consultation will no longer be private and can be discoverable in court. Please note your fiancé/fiancée MUST also have their own representation.

3. Keep in mind that we have not been hired as your attorneys and we do not represent you until
there has been a signed written agreement. To protect your privacy, we shred your intake form if not retained within 48 hours, and do not keep copies.

4. Please note that California requires a waiting period for prenups. If your wedding is less than 45 days away, there is an extra rush fee of $1,500. If your wedding is less than 30 days away, we regrettably cannot assist you.

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Full Name *

Please tell us your Full Legal Name that matches your driver's license or government issued ID.

Email *

Phone Number *

Date of Wedding *

Please note that California requires a waiting period for prenups. If your wedding is less than 45 days away, there is a rush fee of $1,500. If your wedding is less than 30 days away, we are unable to assist you.

Address *

Do you live with your fiance/fiancee? *

Date You Started Living Together

Fiance/Fiancee's Full Legal Name *

Do they have an attorney? If so, please provide contact information. *

Please note that the other party MUST be represented.

Information about your prior marriage, if any: *

Please include number of times married, dates of divorce, and children -name, age, DOB

Your Date of Birth *

(Next couple of questions are about you)

Education *

Highest level completed, Year completed, and Name of Institution and Major/Minor

Occupation/Name of Current Employer *

If you are self-employed, please name all of your businesses.

Current Salary *

(Include Bonuses)

Estimated total value of all liquid assets *

e.g., bank accounts, stock accounts.

Identify all vehicles that you own by make, year and model: *

(cars, boats and aircraft)

Addresses of all real property you own and general description of said property, and FMV *

(e.g., residence, commercial building, land etc.)

List total amount of each mortgage or lien against each real property you own: *

Estimated total value of all retirement accounts *

(e.g., 401(k)/IRAs etc.)

Identify any other significant assets: *

(e.g., interests in businesses)

Identify any significant intangible assets: *

(e.g., copyrights, patents, licenses, stock options etc.)

Total amount of debts/liabilities other than mortgages or liens involving real property *

Your Fiance/Fiancee's Date of Birth *

(Next couple of questions are about your fiance/fiancee)

Fiance/Fiancee's Education *

Highest level completed, Year completed, and Name of Institution and Major/Minor

Fiance/Fiancee's Occupation/Name of Current Employer *

If self-employed, please name all of businesses.

Fiance/Fiancee Current Salary *

(Include Bonuses)

Estimated total value of all fiance/fiancee liquid assets *

e.g., bank accounts, stock accounts.

Addresses of all real property Fiance/e own and general description of said property, and FMV *

(e.g., residence, commercial building, land etc.)

List total amount of each mortgage or lien against each real property Fiance/e owns *

Estimated total value of all Fiance/Fiancee's retirement accounts *

(e.g., 401(k)/IRAs etc.)

Identify all vehicles that Fiance/e owns by make, year and model *

(cars, boats and aircraft)

Total amount of debts/liabilities other than mortgages or liens involving real property for Fiance/e *

Identify any significant intangible assets for Fiance/Fiancee *

(e.g., copyrights, patents, licenses, stock options etc.)

Identify any other significant assets for Fiance/e *

(e.g., interests in businesses)

Name of Accountant *

How did you hear about the Law and Mediation Offices of Kelly Chang? *

Submit

California Family Code §1500

The property rights of husband and wife prescribed by statute may be altered by a premarital agreement or other marital property agreement.

California Family Code §1502

(a) A premarital agreement or other marital property agreement that is executed and acknowledged or proved in the manner that a grant of real property is required to be executed and acknowledged or proved may be recorded in the office of the recorder of each county in which real property affected by the agreement is situated.
(b) Recording or nonrecording of a premarital agreement or other marital property agreement has the same effect as recording or nonrecording of a grant of real property.

California Family Code §1610

As used in this chapter:
(a) “Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.
(b) “Property” means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.

California Family Code §1611

A premarital agreement shall be in writing and signed by both parties. It is enforceable without consideration.

California Family Code §1612

(a) Parties to a premarital agreement may contract with respect to all of the following:
(1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located.
(2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property.
(3) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event.
(4) The making of a will, trust, or other arrangement to carry out the provisions of the agreement.
(5) The ownership rights in and disposition of the death benefit from a life insurance policy.
(6) The choice of law governing the construction of the agreement.
(7) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
(b) The right of a child to support may not be adversely affected by a premarital agreement.
(c) Any provision in a premarital agreement regarding spousal support, including, but not limited to, a waiver of it, is not enforceable if the party against whom enforcement of the spousal support provision is sought was not represented by independent counsel at the time the agreement containing the provision was signed, or if the provision regarding spousal support is unconscionable at the time of enforcement. An otherwise unenforceable provision in a premarital agreement regarding spousal support may not become enforceable solely because the party against whom enforcement is sought was represented by independent counsel.

California Family Code 1615

1615. (a) A premarital agreement is not enforceable if the party
against whom enforcement is sought proves either of the following:
(1) That party did not execute the agreement voluntarily.
(2) The agreement was unconscionable when it was executed and,
before execution of the agreement, all of the following applied to
that party:
(A) That party was not provided a fair, reasonable, and full
disclosure of the property or financial obligations of the other
party.
(B) That party did not voluntarily and expressly waive, in
writing, any right to disclosure of the property or financial
obligations of the other party beyond the disclosure provided.
(C) That party did not have, or reasonably could not have had, an
adequate knowledge of the property or financial obligations of the
other party.
(b) An issue of unconscionability of a premarital agreement shall
be decided by the court as a matter of law.
(c) For the purposes of subdivision (a), it shall be deemed that a
premarital agreement was not executed voluntarily unless the court
finds in writing or on the record all of the following:
(1) The party against whom enforcement is sought was represented
by independent legal counsel at the time of signing the agreement or,
after being advised to seek independent legal counsel, expressly
waived, in a separate writing, representation by independent legal
counsel.
(2) The party against whom enforcement is sought had not less than
seven calendar days between the time that party was first presented
with the agreement and advised to seek independent legal counsel and
the time the agreement was signed.
(3) The party against whom enforcement is sought, if unrepresented
by legal counsel, was fully informed of the terms and basic effect
of the agreement as well as the rights and obligations he or she was
giving up by signing the agreement, and was proficient in the
language in which the explanation of the party’s rights was conducted
and in which the agreement was written. The explanation of the
rights and obligations relinquished shall be memorialized in writing
and delivered to the party prior to signing the agreement. The
unrepresented party shall, on or before the signing of the premarital
agreement, execute a document declaring that he or she received the
information required by this paragraph and indicating who provided
that information.
(4) The agreement and the writings executed pursuant to paragraphs
(1) and (3) were not executed under duress, fraud, or undue
influence, and the parties did not lack capacity to enter into the
agreement.
(5) Any other factors the court deems relevant