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Aug 6th, 2022
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How to Cancel image 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 wha

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Although prenuptial agreements may include provisions for property and debt division, spousal support, and even inheritance rights, there are some critical topics that you cant control in a prenup, and youll need to address during the formal divorce process.
These types of assets can include savings, stock options, personal property (car, house, jewelry, etc.), and promised holdings (inheritances, retirement, etc.). In addition to financial securities, debts must also be disclosed within premarital assets (even though a debt isnt generally considered an asset).
A prenup cant include personal preferences, such as who has what chores, where to spend the holidays, whose name to use, details about child rearing, or what relationship to have with certain relatives. Prenuptial agreements are designed to address financially based issues.
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.
A prenuptial agreement does not cover the following: Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law.
Yes, it is possible to terminate or cancel a prenuptial agreement in California. Some couples may wish to terminate their prenuptial agreements because they believe they no longer need this type of financial protection.
If one spouse lies, misrepresents a material fact, commits fraud or makes false promises in a premarital contract, this can void the document.
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.

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