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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.
Prenuptial agreements (PRENUPS) are contracts prior to the marriage that protects women and men in the event of a divorce.THE TOP 4 THINGS ALL WOMEN SHOULD INCLUDE IN A PRENUP Premarital property. What is premarital property? Gifts. Alimony. Lastly, you cant do it yourself.
If the couple has entered into a prenuptial agreement, however, the legally binding contract between the two spouses could be controlling instead of the default family law. A couple who creates a prenup is allowed to negotiate on the issue of spousal support and clauses addressing the issue are generally enforceable.
Prenuptial agreements cant include terms that are considered unconscionable at the time it was signed. This includes provisions that unfairly indulge one spouse or excessively penalize one spouse. For instance, clauses relating to fidelity or infidelity are generally not enforceable.
7 Reasons to Get a Prenup Keep your finances separate. Establish property rights and distribution. Protect one spouse from the other spouses debt. Protect your family property and estate plan. Protect your assets in the event of remarriage. Avoid extensive court proceedings in the event of divorce.
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A fair prenup should respectfully safeguard and shield the assets of both parties. To achieve this, there must be a full and complete disclosure of all assets, debts, and liabilities when the contract is drafted. This includes all investments, real estate, and financial obligations.
A prenup generally contains a listing of each partners individual assets, some indication of which individual assets will remain the property of each spouse in the event of a divorce, guidelines on how property acquired during the marriage will be divided in a divorce, language on responsibility for debts acquired
Both parties must voluntarily execute the agreement. Both parties must engage in full disclosure of their respective situations at the time the document is executed. The agreement cannot be unreasonably unfair to one of the parties. Both parties must sign the document in the presence of a notary public.
No Child Support or Custody Provisions Two topics that are off limits for a prenuptial agreement are child support and custody.
Otherwise, terms that you can negotiate within the prenup include a guaranteed sum of the household operating expenses, payment of attorneys fees in the case of a divorce, reasonable expenses during said divorce, and your alimony payments.

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