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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 cancels out a prenup?

The signing party must have full knowledge of the other spouses property, assets and debts. 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.

Can you modify a prenup?

As long as you and your spouse agree, your prenuptial agreement can be changed. To create an amendment to a prenup, you can either add to the original contract or sign a separate contract that modifies the terms of the initial agreement. This is true for revoking also.

How can you protect premarital assets without a prenup?

The most effective way to protect your assets without a prenup is documenting everything clearly. Organizing and keeping important records from the very beginning of your marriage can be helpful later when you observe things like retirement funds or other bank accounts collected prior to your commitment.

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.

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