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How to Blackout Postnuptial Agreement

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hello carla hartley here today i am continuing our discussion of exit strategies and todays discussion is about the post-nuptial agreement [Music] is a post-nuptial agreement other than the fact that i would say it is a loud and clear signal that your marriage is headed towards the rocky shoals of divorce a post-nuptial agreement is an agreement the parties enter into after theyre married and in that document they commit to the terms under which the community estate and their marriage will be dissolved i want to compare this to a prenuptial agreement because its an obvious an obvious comparison a prenuptial agreement is one under many circumstances easier to set aside than a post-nuptial agreement as counterintuitive as that is and two a prenuptial agreement is for the most part not assuming for sure were going to get a divorce the prenuptial agreement does say that in the event of a dissolution your separate property remains your separate property and the other side separate prop

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Can you make a post nuptial agreement?

You can create a Postnuptial Agreement at any time during your marriage. Postnuptial Agreements can be useful in both new and established marriages. If you need an agreement prior to marriage, use a Prenuptial Agreement. Dont use a Postnuptial Agreement if youre contemplating separation or divorce.

Is a postnuptial agreement a good idea?

Postnups are particularly beneficial when one or both partners have docHub pre-marital assets or children from previous marriages. With failed marriages, postnups can eliminate expensive and acrimonious divorce battles.

Which is better prenup or postnup?

A prenup is more likely to be enforceable than a postnup if one of the signers attempts to dispute it following dissolution of the union. Divorce courts tend to presume that coercion is less likely when independent people are signing before they are actually married and have mixed their assets.

Is a postnup as good as a prenup?

A prenup is more likely to be enforceable than a postnup if one of the signers attempts to dispute it following dissolution of the union. Divorce courts tend to presume that coercion is less likely when independent people are signing before they are actually married and have mixed their assets.

What is a postnuptial agreement with infidelity clause?

What is an infidelity clause? An infidelity clause in a prenup or a postnup is a clause by which a spouse who commits adultery gives up financial benefits upon divorce. Their legality is questionable, with no Colorado cases on point, but recent decisions from other no-fault states reject their enforceability.

What is an example of an infidelity clause?

The infidelity clause is specific to the spouses agreement to be faithful during the marriage. For example, actor Michael Douglas is allegedly on the hook for a $5 million payout on top of a divorce settlement if he cheats on wife Catherine Zeta-Jones.

Does a postnuptial agreement hold up in court?

In general, the California courts assume a prenuptial agreement is valid upon the date it is signed. The courts will assume a postnuptial agreement is invalid, however, until they decide otherwise. You and your spouse will need the courts to approve your postnuptial agreement for it to become valid.

What is stronger than a prenup?

Postnups Are Harder to Enforce Therefore, for postnups to be valid, both parties must show that they are both getting something out of the agreement and that neither party is at a disadvantage.

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