Void character in the Prenuptial Agreement

Aug 6th, 2022
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How to void character in the Prenuptial Agreement

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[Music] todays question comes from carrie in texas kerry writes my fiance proposed to me before we moved across the country for new jobs we both make over a hundred grand a year but he has a lot of debt i dont know how much daddy has because he hasnt completely shared that with me yet im debt free with a net worth of 880 000 should we wait until hes debt-free to get married if not should i ask for a prenuptial agreement due to the difference in our financial situations dave ill let you handle the pre-nut but im gonna tell carrie dont get married you all have too many unspoken conversations yall need to have theres some bigger issues going on here man thats man thats thats my thought yeah if you if he wont tell you how much daddy he has howd he get married ever i mean you dont get married until you got the air cleared on this how are you gonna make a human i hear this all the time dave people tell you everything theyll tell you this and that theyll make babies how much

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Duress or Manipulation Signing a prenuptial agreement while being intoxicated, under fear of harm, or under false pretenses can make the agreement invalid in a California court.
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.
Prenups must meet specific legal formalities. These include the requirement for both parties to have independent legal counsel and sufficient time to review and consider the agreement before signing. If the parties do not meet these formalities, the prenup may be invalid.
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.
Duress or Coercion Coercion means that the document was signed using force, threats or blackmail against the signing party. In California, a document signed under duress or coercion is null.
A prenuptial agreement may be found invalid for the following reasons: It includes provisions for child support and custody of unborn children. There is less than full financial disclosure by one or both parties. It includes provisions that are blatantly unfair to one party.
If it is alleged that the party hid assets from the signing spouse at the time that the prenuptial agreement was created, or that the contract contains falsified financial information, this will void the agreement.
The bottom line is that cheating does not void a prenup. However, it may have an impact on negotiations, especially if an infidelity clause is involved. Be warned though, the validity and enforceability of infidelity clauses varies from state to state.

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