Legal Question in Family Law in California

You should have an attorney do this. This is not something I would suggest a non lawyer do. If you have assets to protect then do it right and hire a lawyer

I completely agree with Mr. Laurie. Most pre-nups are not worth the paper they are printed on unless done with the advice and assistance of an attorney. There are so many ways that a pre-nup can be invalidated that a non-lawyer is almost sure to come up with an unenforceable document.

With that said, the simple answer to your question is that the use of labels is ambiguous in any agreement. When I do pre-nups I always just use the names in place of husband, wife, spouse, etc.

My first response was why don't you just use the actual names of the parties to the agreement, to avoid confusion? In reading the other responses, I realize that you are trying to copy a form or someone else's prenuptial agreement, which is a bad idea. There are strict legal formalities which must be observed for the prenuptial agreement to be legally valid. You should save yourself heartache and expense later by having an attorney do it right today.