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To Prenup or Not to Prenup that is the Question Form
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People also ask
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Why you shouldn't get a prenuptial agreement?
Because you might be protecting yourself, financially, but you're creating more risk for your marriage. A marriage is many things, but one aspect is that it's a financial partnership, a joint venture. And if you take that away, or make one person much less powerful in that partnership, then it can be destabilizing. -
What are five things that Cannot be included in a prenuptial agreement?
A prenuptial agreement does not cover the following: Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law. -
Should I agree to a prenup?
Prenuptial Agreements can benefit both partners, and be helpful in the event a marriage does end in divorce. It's far easier to negotiate a financial arrangement that is fair while you're communicating well, rather than after being served divorce papers. -
What happens if you say no to a prenup?
Without a prenup, debts incurred during the marriage are generally considered joint debts and are divided equally between the two parties in a divorce. It can be a signNow issue if one spouse has incurred signNow debt, such as student loans or credit card debt, during the marriage. -
Why you should or shouldn't get a prenup?
If you're fine with that gift becoming marital/joint property and being split in a divorce, then you could skip a prenup. But, with a prenup, you could ensure that those gifts are kept separate. You're okay with paying more legal fees and spending more time battling out issues in a divorce. -
What is an unfair prenup?
The definition of unconscionability varies slightly from state to state, but it generally has the same idea of extreme unfairness. Big picture, a prenup may be considered unconscionable based on purely one-sided provisions, unethical demands, or illegal mandates. -
What not to include in a prenup?
It is against the law to include any personal matters or requirements, other than financial issues, in a prenuptial agreement in California. For example, one spouse cannot require another to maintain a certain weight, appearance or hair color. -
What should you not agree to a prenup?
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 can't uphold provisions of prenups that deal with child support, child custody, or child visitation.
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