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Aug 6th, 2022
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How to Cancel fee in the Prenuptial Agreement

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hey estate planning attorney paul rabale here and in this video were going to talk about whether that um im getting married later in life im getting married again i want to protect my assets so i want to do a prenup whether that use the prenupt to protect your assets is actually worthless okay so theres a myth out there that ive had to dispel more times than i care to imagine let me give you the situation so lets say lets call them florence and frank you know theyre getting married theyve each been married before and theyre getting married theyre theyre lets say theyre 63 years old and you know as part of the getting married process they want to make sure all their bases and options are covered from a legal financial tax standpoint so they decide florence says well why dont we go to my old divorce lawyer and well get a prenup because thats what you know thats thats what people do when they have children and get married later in life and so as part of that thats what

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As long as you and your spouse agree, your prenuptial agreement can be changed. To create an amendment to a prenup, you can either add to the original contract or sign a separate contract that modifies the terms of the initial agreement. This is true for revoking also.
If you and your spouse decide that you no longer want your prenuptial agreement, you can cancel it by using a Release of Marital Agreement. You and your spouse must both sign the document and it must be docHubd by a public notary for the cancellation to be valid.
If you do not want to enter a pre or post-nuptial agreement with your partner, you can protect your assets as part of divorce proceedings through other means. For instance, getting a solicitor to draft you a Consent Order instead, or setting up a trust which holds assets outside your marital estate.
Typically, a couples prenuptial agreement will last for the lifetime of the marriage. In some cases, couples include a sunset clause. This is a provision in the agreement that stipulates a preset termination of the prenup after a fixed period.
This is quite different than what would happen if there was a divorce without a prenuptial agreement because in that case, the property would more than likely divided equally without regard to each partys contribution to the acquisition of the property. A prenup protects your assets from your spouse if you divorce.
It generally adds a provision that if the marriage lasts for a certain number of years, the prenup expires. The clause states that the prenup will expire after a certain period of time, but even when it expires, certain property of the spouses will remain their separate property.
In California, a prenuptial agreement can be voided depending on several factors, including improper timing, coercion, and mishandled procedures. Each state has its legalities regarding prenuptial agreements. California follows Family Code 1615, which governs the handling and enforceability of prenups.
Generally speaking, prenups dont break up couples, but they can exacerbate vulnerabilities in the relationship that can lead to a break-up.

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