Slide chart in the Prenuptial Agreement

Aug 6th, 2022
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How to slide chart in the Prenuptial Agreement

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so we actually do quite a few prenups a year i do a couple dozen every single year so its its a large part of my practice so i really know what im doing so when someone asks me what makes the best pre-marital agreement i tell people its hiring the right attorney to draft that agreement for you specifically you want an attorney who drafts a lot of these premarital agreements but also an attorney who ideally has experience in estate planning as well because the one thing i find with most prenups that are drafted by attorneys who do not also practice estate planning is they plan for that divorce but what they forget to plan for is what if youre still happily married and something happens to one or both of you then what happens so in my office we take a holistic approach and we look at not only what happens if youre still married 10 15 20 30 years from now and something happens but we also plan for the unfortunate if there were to be a separation annulment or divorce so we make sure

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If something in the prenup is extremely unfair, even if you sign it, the prenup will be invalid. For example, the clause may be invalid if you agree to give up your right to: Inherit from your partner. Spousal support. All property ownership.
In California, a prenuptial agreement cannot create enforceable terms regarding: Child custody and visitation. Parenting time. Legal custody.
What You Can Include in a Prenuptial Agreement Distinctions About Property Division (Marital Property vs. Protections Against the Other Spouses Debts. Provisions Providing for Children from Previous Relationships. Protections To Keep Family Property in the Family. Protections for Estate Plans.
The prenuptial agreement typically addresses items like the characterization of income during the marriage, division of financial responsibilities, day-to-day living expenses, property distribution, and even its own termination. Many couples are surprised to find out what may and may not be included in such agreements.
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.
A prenuptial agreement catalogs each persons property, assets and debts, and specifies each persons rights to that property if the marriage dissolves or if someone dies. While prenups are best known for dividing assets at divorce, they can also be used as a type of will.
A prenup cannot include child support or child custody issues. The court has the final say in calculating child support. The court determines child support based on a best interest of the child standard. The court cant uphold provisions of prenups that deal with child support, child custody, or child visitation.
Duress or Manipulation All contracts must be signed willingly and consciously by both parties for them to be valid. Signing a prenuptial agreement while being intoxicated, under fear of harm, or under false pretenses can make the agreement invalid in a California court.

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