Remove Currency into the Prenuptial Agreement

Aug 6th, 2022
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How to Remove Currency into the Prenuptial Agreement

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[Music] so I have a friend in particular that did get divorced at the time her spouse had already previously been married and had four children so of course he asked for a prenup in the prenup she was told it was really about not going after things that were specifically allocated to their children and that she would respect that and of course my girlfriend said of course Ill sign no issue whatsoever whatsoever I would never take away from your children fast forward seven years later when the divorce took place it came to her attention that the document she signed was not actually about that it was basically saying and of course stupidly she didnt go and receive independent legal advice which was her mistake but she took a word at face value from somebody she trusted and she then found out that what she had agreed to was a lump sum amount and no more now she also had a child with this person over the years I think thats a bit of a game changer as well so you tell me how would that w

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Yes, a prenuptial agreement can protect future assets. Those are common provisions you would put in to a prenuptial agreement. If theres the possibility of divorce I advise my clients to make that prenuptial agreement as ironclad as possible. You want to keep premarital accounts separate.
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.
California is one of only a few states that considers marital property to be communal, meaning it belongs equally to each spouse, regardless as to how the item, asset, or property was actually obtained.
Can I Protect my Assets Without a Prenup? Consider a post-nuptial agreement. Keep your own funds separate. Keep your own real estate separate. Keep retirement accounts statements issued prior to and at the date of marriage.
The most common grounds to dissolve a prenuptial agreement include coercion or duress, unconscionability, and failure to disclose. The courts will generally enforce prenuptial agreements; however, when one or more of these grounds exist, the court may see fit to void all or parts of a prenup.
If your fiance() asks for a prenup, theres no need to get upset. Prenuptial agreements are becoming more common, especially with millennial couples. A prenup can serve as a plan for your future, and there are plenty of benefits to consider before shutting it down altogether.
The best way to protect assets is not a prenuptial agreement, but via an irrevocable trust. This helps to keep the assets outside your marital estate and is more difficult to contest in court.
A pre-nuptial agreement is a very good way for premarital assets to be protected in divorce. A prenup can set forth terms about how you will divide your assets and debts, and whether alimony will be paid, and if so for how long and how it might be calculated, if your marriage ends.

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