Cut tone in the Postnuptial Agreement effortlessly

Aug 6th, 2022
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How to Cut tone in the 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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To establish the validity of a postnuptial agreement, the agreement must: Be in writing. It must be signed and docHubd by both spouses. Be voluntary. The agreement may not force the other spouse to sign the agreement. Be equitable. Contain full disclosure.
Both parties must enter into the agreements honestly, committing to full and frank disclosure when it comes to their needs and their goals. Like any legal contract, however, prenuptial and postnuptial agreements can be challenged under certain circumstances: Fraud. Duress (potentially including undue influence)
What to Include in a Postnuptial Agreement The Separate Property Provision. Most marriages mingle. Defining What Marital Property Encompasses. Maintenance for Each Spouse. Support for Children. Legal Help with Postnuptial Provisions.
Generally, a postnuptial agreement is for financial and property matters. It cannot be used to determine such things as child custody, visitation, or support.
Postnuptial agreements must be in writing. Voluntary Both parties to a postnuptial agreement must have signed the agreement voluntarily and intentionally. Any indication that one spouse coerced or threatened the other into signing will make a postnuptial agreement null and void.
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.

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