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A debt clause in a prenup can protect you both from debt created by the other. That means you would not be held liable after a divorce for debt created during your marriage by your spouse and he or she would not be liable for debt created by you.
In a prenuptial agreement, full disclosure is required in relation to the assets that are owned by both parties. The agreement may include a schedule of you and your spouses assets to show that the contract was put in place with full disclosure by both parties.
Be a written contractno verbal agreements. Have lawful terms within the prenup. Include the signatures from both parties. Must be signed voluntarily (cant involve coercion, duress, intimidation, or deceit)
Can You Write Your Own Prenup Agreement? The UPAA (Californias Uniform Premarital Agreement Act) outlines the abilities and restrictions of prenups in this state. The law allows couples in California to draft their own prenuptial agreements.
In a prenuptial agreement, full disclosure is required in relation to the assets that are owned by both parties. The agreement may include a schedule of you and your spouses assets to show that the contract was put in place with full disclosure by both parties.
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Unreasonable Terms 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.
If the court examines a prenup and determines that the document itself seems suspect, or one of the parties presents evidence that the prenup was signed under threat or coercion, the court will deem it invalid. Additionally, both parties must have at least seven days to consider the terms of the prenup before signing.
Typically, prenups cost around $2,500, but can cost more if you spend a while haggling out various issues.
Prenuptial and postnuptial agreements serve as a form of a marriage contract to safeguard the rights of individuals before, during, and after marriage.
Do You Inherit Debt When You Get Married? No. Even in community property states, debts incurred before the marriage remain the sole responsibility of the individual. So if your spouse is still paying off student loans, for instance, you shouldnt worry that youll become liable for their debt after you get married.

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