Generate a comprehensive Spousal Consent form for startup founders and stockholders. Document community property waivers, consent to equity-related agreements, transfer restrictions, and power of attorney provisions required by investors and companies in community property states.
I built this spousal consent generator to help startup founders, their spouses, and corporate counsel efficiently produce the consent documents required in venture-backed equity transactions. When a founder or stockholder is married and resides in a community property state, investors and the company typically require the spouse to execute a consent form acknowledging and agreeing to the terms of equity-related agreements such as right of first refusal, voting agreements, co-sale provisions, stock restriction agreements, and lock-up arrangements.
This generator produces a thorough spousal consent covering all essential provisions: identification of the stockholder, company, and related agreements; a detailed community property acknowledgment and waiver; consent to specific equity restrictions with customizable scope; limited power of attorney for equity-related matters; comprehensive representations by the consenting spouse including understanding of terms, opportunity for independent counsel, and voluntary execution; irrevocability provisions; successors and assigns language; and notary acknowledgment.
Every field updates the live preview instantly, so you can see exactly how the consent will look before downloading. The generator supports all nine community property states (California, Texas, Arizona, Nevada, Washington, Idaho, Louisiana, New Mexico, and Wisconsin) and includes conditional sections that adapt based on which agreements are being consented to.
Key features include: customizable consent scope with checkboxes for ROFR, Voting Agreement, Co-Sale Agreement, Stock Restriction, Lock-Up, Drag-Along, and IPO provisions; conditional sections that appear based on selected agreements; community property state selection with state-specific language; comprehensive power of attorney provisions; notary acknowledgment block; and an Exhibit A for shares and equity description.
In community property states, a spouse may have a community property interest in stock acquired during the marriage. Investors require spousal consent to ensure the spouse agrees to transfer restrictions, repurchase rights, voting agreements, and other equity provisions. Without consent, a spouse could claim community property rights that conflict with equity agreements.
Common agreements include Right of First Refusal (ROFR), Voting Agreements, Co-Sale (Tag-Along) Agreements, Stock Restriction Agreements with vesting and repurchase rights, Lock-Up Agreements restricting sales around an IPO, and Drag-Along Agreements requiring participation in approved acquisitions.
No. A prenuptial agreement is a comprehensive contract governing all marital assets. A spousal consent is narrower, specific to equity in a particular company, acknowledging the spouse's community property interest and consenting to specific equity agreement terms.
Generally, a properly executed spousal consent is irrevocable. Investors and the company rely on the consent when structuring equity agreements. However, enforceability may vary by state, and courts may examine whether consent was voluntary and informed.
A properly drafted spousal consent survives divorce. If shares are awarded to the non-stockholder spouse in a divorce settlement, that spouse remains bound by transfer restrictions, voting agreements, and other provisions of the underlying equity agreements.
While not strictly required, it is strongly recommended. The consent form includes a representation that the spouse had the opportunity to seek independent legal advice. Independent counsel review strengthens enforceability by demonstrating the spouse understood the rights being waived.