The financial statement disclosure form is for use in connection with the premarital agreement and must be completed accurately and completely. Both parties are required to complete a separate financial statement and provide a copy of the statement to the other party.
Bakersfield California Financial Statements only in Connection with Prenuptial Premarital Agreement
State:
California
City:
Bakersfield
Control #:
CA-00590-D
Format:
Word;
Rich Text
Instant download
Description
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FAQ
A disclosure schedule can be included as an addendum to your prenuptial agreement. Your disclosure schedule should list all assets of both parties. It should outline the value of your assets and any outstanding debts and liabilities. You'll need to include information related to any income sources and their amounts.
Both spouses must sign the prenuptial agreement of their own free will. There must be no threats, use of force, or any other coercive tactics when signing the document. If one spouse intimidated or bullied the other spouse into signing, the prenuptial agreement will not be enforceable, no matter its contents.
State laws regarding child support, custody, and child rights cannot be overridden by a prenuptial agreement. While a premarital agreement can override some community property laws, it will not change the court's mind when it comes to your children.
The Uniform Premarital Agreement Act (UPAA) has applied to California prenups since 1986. In general, this law states that written prenuptial agreements signed by both parties, in contemplation of marriage will automatically become effective once the couple marries.
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.
Unreasonable Terms Prenuptial agreements can't include terms that are considered unconscionable at the time it was signed. This includes provisions that unfairly indulge one spouse or excessively penalize one spouse. For instance, clauses relating to fidelity or infidelity are generally not enforceable.
The most common grounds to dissolve a prenuptial agreement include coercion or duress, unconscionability, and failure to disclose. The courts will generally enforce prenuptial agreements; however, when one or more of these grounds exist, the court may see fit to void all or parts of a prenup.
An ante-nuptial agreement (also known as a prenuptial or premarital agreement) is a written contract between two people who are about to get married or commit to a civil union.
The UPAA imposes certain requirements for a couple to create a valid prenup. A written contract. Lawful terms within the prenup. Signatures from both parties. Signed voluntarily (without coercion, intimidation, deceit or duress) Signature from a notary. At least seven days to seek independent legal counsel before signing.
Is a California Prenup Valid After 10 Years? A California prenup is valid after 10 years. Prenups typically last the length of the marriage, unless set to expire. For example, a common prenuptial provision is no spousal support unless the couple is married for at least 10 years.