What are The Consequences of
a Prenuptial Agreement
Failure to execute a prenuptial agreement means that the court will automatically divide a divorcing couple's properties equitably. Under this distribution, each party may acquire a share of the community property in accordance with contribution to the entire pool of properties. Not only that, a prenuptial agreement can also have the following effects:
- It will ensure that the children from previous relationships get their rightful share
- It will dictate which between the parties will pay for a specific liability.
- It will provide support for the surviving spouse.
- It will establish custody of the child and support.
- It will provide for the educational support of the child.
- It will set limits on the interest of a creditor over the assets.
- It will determine which partner may acquire the ownership of identified properties.
- It will keep family pieces.
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