Easily Hide Conditional Fields from the Prenuptial Agreement

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How to Hide Conditional Fields from 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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What Cannot be included in a prenuptial agreement?

California law does not allow a spouse to include any terms related to child custody, child visitation, or support in a pre-or post-nuptial agreement. The reason for such a rule is that a judge is responsible for making these decisions in a divorce based on the childs best interests.

Can you protect future assets in a prenup?

Yes, a prenuptial agreement can protect future assets. Those are common provisions you would put in to a prenuptial agreement.

What should not be included in a prenuptial agreement?

California prenuptial agreements cant include terms that are considered unconscionable when it was signed.They include the following: Child custody; Child visitation; Child support; Waiving spousal support; Encouraging divorce; Unreasonable terms; Any matter that violates the law; Personal issues.

What are the main reasons prenups are found to be invalid?

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.

What assets can a prenup protect?

A prenuptial agreement, when properly negotiated, can protect the following assets and interests: Retirement or education funds that either party may have accumulated before marriage. Property that either party owns at time of marriage. Property interests of any children from previous relationships.

Can a prenup protect future 401k?

Yes, you can, and the best way to protect your retirement assets in a divorce is to have a prenuptial agreement. A properly drafted prenup can keep your 401(k) fund safe and secure your financial wellbeing.

Can prenup protect assets acquired during marriage?

A prenuptial agreement can ensure that the assets you acquired before your marriage remain separate from marital assets. Premarital assets shouldnt be commingled with marital assets. This occurs when one spouse uses premarital assets to pay off debts, make investments, or enter a business venture during the marriage.

Can you put a no cheating clause in a prenup?

Can you stop your spouse from cheating? No, but you may be able to make them pay up if they do. Infidelity is responsible for as many as 40% of U.S. divorces.

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