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Rather, you can include whatever you want, but unless its enforceable under California law and your family law judge agrees with it, it wont be enforced if you ever need to rely on the agreement. Its crucial to hire an experienced attorney to help you draft and execute your prenup.
The short answer is that you can protect, or not protect, nearly anything you want. A valid prenup is legally binding, so whatever you and your partner put into it should stand up in court if you eventually divorce (though every case is different).
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.
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.
7 Things to Include in Your Prenuptial Agreement Premarital Assets. Premarital Debts. Waiving the Right to Alimony. Financial Responsibilities. Provisions for Children from Previous Relationships. Business Earnings. Retirement Accounts.
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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.
Protect an Inheritance. If one spouse (or both) expects an inheritance during a marriage, a prenuptial agreement can include provisions that state the inherited assets will remain the property of the inheriting spouseso long as the inheritance is kept separate from community property.
Cons of prenuptial agreements Prenups can feel transactional. Some people are superstitious in that prenups doom your marriage to divorce, or at the very least, that prenuptial agreements kill the romance in a marriage. Youll pay legal fees. The terms may favor one spouse.
A fair prenup should safeguard and protect both parties, but it should do so respectfully. This requires both parties to put all of their cards on the table and provide full and fair disclosure of their financial circumstances.
The best prenuptial agreement is all-inclusive and serves the best interests of both parties justly. Both partners should be open and honest regarding their expectations in the marriage and included in a prenup. These expectations can cover things like: Investment arrangements.

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