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Let Our Family Help Yours

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Important aspects of a good prenup

On Behalf of | Dec 2, 2019 | Estate Planning | 0 comments

Today, many couples in California are finding that a prenuptial agreement can help them both during their marriage and during any divorce that may take place. This is in contrast to a generation ago when prenups were considered only necessary for the rich and famous. While the popularity of these marital agreements is increasing, it is important for people to understand how to make sure their contract is valid if and when they ever need to rely on it.

Forbes explains that one of the first things a couple needs to do is to make sure that each person has their own attorney and that the completed prenup has been legally formalized. A document created only by the two partners and stored on their computer or a flash drive may not be considered a legally binding contract.

CNBC adds that engaged couples should prioritize the creation of their prenuptial agreement over wedding day party plans. The earlier in the process that a prenup has been created, the easier it may be to prove that both parties signed the contract without any duress or coercion.

Prenuptial agreement provisions should center around the distribution of assets only or around the ownership of assets as in identifying any property that shall remain the sole property of only one spouse. In no way should a marital contract attempt to dictate child custody plans. It should also avoid inconsequential lifestyle provisions such as who will take out the trash or do the laundry. The inclusion of any stipulations on the part of either partner that could be deemed unconscionable may subject the entire agreement to being deemed invalid.