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Prenuptial California Agreement Form Prenuptial Agreement Form available for all states to suit your needsWhy is a good prenuptial California agreement important?This is because a prenuptial agreement is a powerful document in a divorce. It is one that covers provisions for property distribution and support of spouse in the event a marriage breaks up. The content of a prenuptial agreement may vary but a good prenuptial California agreement will ensure that you cover all the basic provisions.Here in the US, prenuptial agreements are legally upheld in all fifty states.For the prenuptial agreement to be valid, the following elements the prenuptial California agreement should cover the following:1. contract or agreement 2. full and/or fair disclosure at the time of execution3. prenuptial California agreement must be carried out voluntarily4. it should not be unconscionableA lack of any of these in the prenuptial California agreement, may cause the prenuptial agreement to being challenged in court.A prenuptial California agreement must be signed by the two parties in a similar way as that required for a deed to be done before a notary public.The prenuptial California agreement should reflect the fact that prenuptial agreements are not allowed to regulate issues relating to the children of the marriage, especially, the issues of custody. Regarding the financial aspects, prenuptial agreements are as a matter of routine upheld by courts in all states although there may be some exceptions. So a good prenuptial California agreement should cover these aspects sufficiently and wherever possible provide for unforeseeable circumstances as well.In states like California, it is important to get a prenuptial California agreement correct. Here the prenuptial agreement is very powerful. A couple can waive their rights to share property (community property). It can even limit spousal support. Quite unlike other contracts, in the case of a prenuptial agreement, consideration is not required. As such with a prenuptial agreement, a spouse can waive all their property rights and get nothing in return.A expiry provision may be added into a prenuptial California agreement, specifying that after a certain amount of time, the agreement will expire unless the parties renew the agreement. In Maine for example, there is a provision for such clauses, such as the birth of a child. In states where there is no such provision, one can be privately agreed upon.It is important to recognize that there are two types of state laws that govern divorce - equitable distribution and community property, which has some variation in different states. What applies in a state practicing community property may not apply in one that practices equitable distribution. The prenuptial California agreement used therefore be the right one.You should choose your state in any prenuptial agreement. The two parties can select to have the law of the state they are married in to govern both the interpretation of the agreement and how property is divided at the time of divorce. The prenuptial California agreement used should be for the state that you have selected.Prenuptial Agreements often take time to work out so they should not be left until the last minute. They are expensive to do as attorney fees can be very high. A prenuptial California agreement that is properly done by qualified and experienced attorneys specific to the State whose law you intend to apply to, is most essential. Use of a prenuptial California agreement that are poorly done may result in future problems in the event of a divorce. All Prenuptial Agreement forms are printable & Instantly downloadable.
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