Cancel logo in the Prenuptial Agreement effortlessly

Aug 6th, 2022
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How to Cancel logo 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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However once a couple gets married after signing a prenuptial agreement, the terms of the contract are not necessarily set in stone. It is possible to make changes to these agreements, or even revoke it if desired.
As this lawyer outlines in a Huffington Post blog, if there isnt a proven history of cheating, infidelity clauses will often end up being struck from a prenup during the drafting process.
If you can prove that your spouse did not fully disclose their assets, that failure to disclose is grounds to have the prenuptial agreement invalidated. The same is true for debt disclosure. If you discover your spouse has more debt than recorded in the agreement, it may be grounds to have the agreement invalidated.
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.
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.
If you can prove that your spouse did not fully disclose their assets, that failure to disclose is grounds to have the prenuptial agreement invalidated. The same is true for debt disclosure. If you discover your spouse has more debt than recorded in the agreement, it may be grounds to have the agreement invalidated.
Duress or Coercion Coercion means that the document was signed using force, threats or blackmail against the signing party. In California, a document signed under duress or coercion is null.
Section 1615 (c)(2)(B) of the California Family Code mandates that prenups executed after January 1, 2020, have at least seven calendar days between the time that party was first presented with the prenup in its final form and the time that the prenup is signed.

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