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Money finances and security are a very important element of marriage. Therefore I have always been very wary about drafting prenuptial agreements. Here are some of my reasons and how I attempt to balance competing interests of legitimate needs of clients and potential damage to the marriage. As a lawyer I seek to do no harm to my clients only to help them* I view being a lawyer as a helping profession* I always try to go beyond the technical asking open-ended questions to find out if there a ...
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Another reason prenups may not hold up in court is if they are deemed to be unconscionable or unfairly one-sided. A prenup that gives one spouse almost everything and leaves the other with next to nothing is unlikely to be upheld by the court.
If something in the prenup is extremely unfair, even if you sign it, the prenup will be invalid. For example, the clause may be invalid if you agree to give up your right to: Inherit from your partner. Spousal support.
Duress or Coercion Coercion means that the document was signed using force, threats or blackmail against the signing party. In California, a document signed under duress or coercion is null.
However, they also come with disadvantages. The most common cons of prenups include: Doubt about the future Initiating a discussion about a prenuptial agreement often creates doubt between the couple. One might think the conversation means the other doesnt believe the marriage will last.
Prenuptial agreements should not be seen as a negative thing. They are a tool that can foster open communication, trust, and financial stability within a relationship. By dispelling the myths surrounding prenups, couples can approach this topic with a clearer understanding of its benefits.

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A prenup is less important if the parties do not have substantial assets, and/or do not wish to limit or waive spousal support in the event of a divorce or separation, Goikhman says. Even in these circumstances, its still a good idea to get a prenup to fully identify and define the goals and wishes of the parties.
Your prenuptial agreement will only be valid and stand up in court during a divorce, however, if you do not include any unlawful or prohibited terms. Child Custody, Visitation or Support. Waiving the Right to Alimony. Illegal Activities. Personal Matters. Provisions That Encourage Divorce.
A prenup cannot include child support or child custody issues. The court has the final say in calculating child support. The court determines child support based on a best interest of the child standard. The court cant uphold provisions of prenups that deal with child support, child custody, or child visitation.

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