Tack record in the Prenuptial Agreement effortlessly

Aug 6th, 2022
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How to Tack record in the Prenuptial Agreement

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my name is Katie Michelson and I'm a partner at the law firm Biermann LLP I practice 100 percent of domestic relations in matrimonial law and today the topic will be on prenuptial agreements there's a big misconception that prenuptial agreements are only for the very wealthy and quite the contrary many of my clients come to me seeking prenuptial agreements to help them sort through and pretty much pre plan what's going to happen in the event of a divorce or an untimely death I often get questions by people asking if they have to have significant assets or income to enter into a premarital agreement and the answer is a resounding no prenuptial agreements are for individuals who want to have more control on how their assets and income are ultimately allocated in the event of a divorce or even death prenuptial agreements can be as complicated or as simple as individuals like to see I've done prenuptial agreements that are 30 or so many pages and I've done prenuptial agreements that are m...

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What should a woman ask for in a prenup? Well, in case you want to make sure that any assets before the marriage should remain in your name, then add a clause for that. For example, any property, business, inheritance, or money you dont want to be included in your marital property should be listed in your prenup.
Without a prenup, there are two ways in which a divorce court will divide marital property. If you live in a community property state, then assets accrued during the marriage will often be split on an equal 50/50 basis.
Asset protection trusts (APTs) offer an alternative for future spouses looking to protect their assets in the event of a future divorce. You can establish an APT without your future spouse even knowing about it.
While California courts do traditionally respect prenuptial agreements, a judge can ignore them if the agreement is considered unfair or if you did not follow certain regulations.
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.
Coercion at Signing The same care should be given to a prenuptial agreement. If one spouse did not have time to fully read the document or was pressured to sign, the agreement may be held to be unconscionable and unenforceable by a Judge.
If one spouse lies, misrepresents a material fact, commits fraud or makes false promises in a premarital contract, this can void the document.
If one party refuses to sign a prenup and the parties still get divorced, then the standard laws regarding alimony and equitable distribution would be applicable.
It is likely that your marital assets and properties will simply be divided between you and your ex 50/50, in ance with California community property laws. This could even include family heirlooms and businesses depending upon what occurs during the marriage.
Common prenuptial agreement clauses include: Defining separate property. How to handle income earned during marriage. How to handle debts and liabilities.

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