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Draft Prenuptial Agreement

11.3 The parties warrant that they enter into this marriage contract of their own free will and will and expressly declare that they are acting without any influence, interference, pressure (financial or otherwise), coercion or unlawful influence of third parties. Matrimonial laws are constantly evolving. If you have a question about marriage contracts in your country, you can contact a family law lawyer for assistance. A good lawyer can advise you on the laws and help you draft a well-crafted pre-marital agreement. In addition, it is important to speak to a lawyer who is familiar with the laws of your jurisdiction. Find the right family law lawyer near you for reassurance. Sunset clause: a clause within a prenup that indicates when this agreement is no longer valid. Or it can set the amount a spouse receives based on the number of years they are married. If the couple has children, the spouse may receive more money. (Remember the sex and the City episode where Charlotte and Treys Prenup said Charlotte would get more money if she had a boy than if she had a girl? It was a sunset clause.) Unlike a marriage contract, a marriage contract is concluded after marriage and a concubine contract is concluded if two people wish to live together but do not want to marry. If you prefer to take a hands-on approach, download one of our free marriage contract templates and fill it out yourself. Be sure to include the full name and address of each spouse as part of the contact information.

Before signing a prenup, you should also add the following information in the following sections: A couple may also want their agreement to be verified by a lawyer. If so, remember that any partner is required to seek legal advice from their own lawyer (i.e. independent legal advice) in order to avoid problems such as coercion or fraud. In California, a couple can waive their rights to share property (co-ownership) through a marriage contract. [54] The agreement may limit the condition of the spouses (although a court may annul it at the time of divorce if it considers that the restriction is ruthless). The agreement can be used as a contract to make a will obliging one spouse to take care of the other in the event of death. It can also restrict inheritance rights in the event of death, such as the right to estate compensation, the right to act on an executor, the right to take predetermined inheritance, etc. [34] In California, registered national partners can also take out a prenup. Post-marital agreements are treated very differently in California law. Spouses have a fiduciary duty to each other, so pre-marital agreements fall under a special category of agreements. There is a presumption that the succession agreement was obtained through unlawful influence when a party obtains an advantage.

It is not possible to waive disclosure as part of a conjugal agreement. [Citation required] 10. . . .