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How to Save Postnuptial Agreement

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In this episode of "60 Seconds with Sergio," attorney Sergio Cavañas addresses a viewer's concerns about financial issues in a troubled marriage and the potential consequences of divorce. He suggests considering a post-nuptial agreement, which may help resolve financial disagreements—one of the leading causes of divorce, alongside adultery and abuse. A post-nuptial agreement is a contract signed by spouses after marriage that outlines their financial arrangements, potentially saving the marriage by addressing financial conflicts. Sergio emphasizes the importance of discussing financial matters openly to avoid further issues.

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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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