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What Does Premarital Agreement Mean

Some scholars and social critics argue that the prenutial agreement itself violates public order. They argue that the government should encourage marriage and that prenoptial arrangements promote divorce because they anticipate divorce. Proponents counter that prenaptial agreements actually promote marriage because they give married couples the opportunity to shape their own relationship. In California, a couple can waive their right to divide property (community property) through a prenutial agreement. [54] The agreement may limit spouse status (although a court may annul it in the event of divorce if it finds the restriction to be unscrupulous). The agreement can be used as a contract to make a will that obliges one of the spouses to take care of the other in the event of death. It may also restrict inheritance taxes upon death, such as the right to an estate allowance, the right to act as executor, the right to take as a predetermined heir, etc. [34] In California, registered domestic partners can also perform a prenup. Post-marital agreements are treated very differently in California law. Spouses have a fiduciary duty to each other, so prenutial agreements fall under a special category of agreements. There is a presumption that the post-marital agreement was obtained by undue influence if one of the parties obtains an advantage. Disclosure cannot be waived as part of a post-marital agreement.

[Citation required] In most jurisdictions in the United States, five elements are required for a valid marriage contract:[38] Prenutial arrangements can cover a variety of topics. The most common include property and financial support rights during and after marriage, the couple`s personal rights and duties during marriage, and the upbringing and upbringing of the couple`s unborn children. A typical prenutial arrangement is used by one or both spouses to separate personal property and income during marriage or to protect certain property before one of the spouses embarks on a risky investment or a new career. A prenuptial agreement doesn`t solve all the problems you have with your spouse. .

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