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Is a premarital agreement the same as a prenuptial agreement?

A premarital agreement, also known as a prenuptial or antenuptial agreement, is a contract between parties getting married.

What Cannot be included in a prenup?

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.

What makes a prenup invalid?

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.

Do prenups cover assets earned during marriage?

Prenups are primarily intended to protect assets that are owned at the time of the marriage. Any property acquired after the ceremony is typically considered jointly owned marital property. The equitable distribution of joint property will be determined during the divorce proceedings.

What are five things that Cannot be included in a prenuptial agreement?

5 Things You Cannot Include in Your Prenuptial Agreement 1) Nonfinancial Rules. 2) Anything Illegal. 3) Terms Involving Child Custody or Support. 4) Unfair or Unreasonable Terms. 5) Incentive for Divorce.

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