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How to Save Postnuptial Agreement

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hello and welcome to our show 60 seconds with Sergio I am your host Sergio cavanas attorney at law here in Florida thank you for joining me today todays question is Sergio my spouse and I have been having some problems with our marriage but were still trying to do what we can to avoid divorce however Im still concerned about the financial consequences of a divorce whats the best way of handling this situation well I usually recommend that the spouse is consider some type of post-nuptial agreement it may actually help avoid a divorce now let me explain how this works well one of the causes of divorce is financial disagreement in fact thats one of the top three reasons for a divorce after adultery and abuse some Financial issues can actually be resolved with a post-nuptial agreement which in turn May save the marriage now let me explain what a postnuptial agreement is this is basically a contract between spouses that signed after a marriage has taken place this agreement would stip

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Got questions?

Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

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How long is a postnuptial agreement good for?

Creating a postnuptial agreement has no time limit. As long as your agreement fulfills Californias legal requirements, the courts will consider it valid no matter how long you have been married.

Can a postnuptial agreement be overturned?

Although all states allow you to revoke a prenuptial agreement, some do not allow you to modify the agreement after marriage, and a postnuptial agreement will have limited or no effect. Some states dont officially recognize the legal validity of postnuptial agreements.

Does a postnuptial agreement hold up in court?

Most postnups withstand a courtroom challenge, which means you should expect a judge to enforce your agreement. But, like any contract, a judge will throw out a postnup that doesnt pass legal muster. In certain states, like California and Utah, postnuptial agreements are sometimes difficult to enforce.

What are five things that Cannot be included in a prenuptial agreement?

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.

Are post nuptial agreements a good idea?

Postnups are particularly beneficial when one or both partners have docHub pre-marital assets or children from previous marriages. With failed marriages, postnups can eliminate expensive and acrimonious divorce battles.

Are post nuptials enforceable?

Postnuptial agreements have become common in recent years, and they are honored and enforceable in most U.S. states. 1 Most postnups are mostly about money and protecting assets in the case of a divorce, and postnups may be written when a couple is in crisis or concerned about the state of their union.

What Cannot be included in a postnuptial agreement?

Generally, a postnuptial agreement is for financial and property matters. It cannot be used to determine such things as child custody, visitation, or support.

What makes a postnuptial agreement invalid?

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.

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