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PRE-NUPTIAL and POST-NUPTIAL AGREEMENTS - YouTube
Channel: CPS Defense Strategy Consultant:Vince Davis
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The topic of today's video is prenuptial
and post-nuptial agreements come with me
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and I'll tell you some tips and secrets
about them in California we're allowed
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to have prenuptial and post-nuptial
agreements in other words we can limit
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or expand the rights of parties in a
marriage primarily prenuptial agreements
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are used to limit spousal support in
case of divorce to limit the creation of
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community property for example husband
owns a house but it's not fully paid for
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he gets married and at that point if
there is no prenuptial post-nuptial
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agreement at the point of marriage
it becomes partial community property
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which the wife may be entitled to during
a divorce
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Priam post-nuptial agreements are also
used for estate planning and there are
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some other uses for it sometimes
prenuptial agreements have issues
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regarding child custody and visitation I
have seen some prenuptial agreements
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that try to limit or expand child
support I'm not sure in California
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that's going to be enforceable but I
have seen it in agreements I've seen
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prenuptial agreements that are 10 pages
I've seen prenuptial agreements that are
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a hundred pages are they a good idea
well I guess it depends on what side
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you're on let's say it's the husband who
has all the assets and he gets married
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to a woman who has no assets
is it a good idea for the husband
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probably is it a good idea for the wife
probably not in many cases I've had
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people come to me to review prenuptial
agreements and I've told people on many
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occasions hey I wouldn't sign that
agreement it's not fair and it gives
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away a lot of your rights sometimes the
client takes my advice sometimes they
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don't and sometimes the people end up
not getting married because of this
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issue of assets and money when it comes
to the prenuptial agreement a lot of
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people have said to me oh if we're
getting married we don't need a
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prenuptial Paws nuptial agreement love
is all that matters I guess it depends
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on what side you're on whether love is
all that matters or whether you need a
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prenuptial or post-nuptial agreement a
post-nuptial agreement is something that
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happens after the marriage a prenuptial
agreement is something that happens
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before the marriage there's a story I
represented a woman that ended up in a
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divorce case that prior they got married
with no agreement the marriage is going
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along fine until boom there's a snag
husband decides he doesn't want to be
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married and he realizes he can't get
divorced because he's got to give half
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of everything that he has to his wife
and he has to pay her spousal support he
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tries to get her to sign a post-nuptial
agreement well there is a provision in
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the agreement that she should go have it
reviewed by someone before she signed it
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and she found me and I read it and I
couldn't believe the post-nuptial
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agreement it was so one-sided and
lopsided and I told her you know I don't
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think I would sign this and I would
advise you not to sign it and I gave her
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all the reasons and she told me well if
I if I don't sign it he's going to
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divorce me
and I told her well it looks like to me
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he's gonna divorce you anyway he just
wants you to give her rights and all of
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the property until your spousal support
after you're divorced she didn't sign it
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about a year later they did get divorced
she came back to me to represent her in
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the divorce and in the divorce she ended
up getting half of the community assets
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and she ended to get it getting about
$2,500 a month and spousal support she
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told me later after all it was all over
she told me you know I'm glad I took
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your advice and I didn't assign that
post-nuptial agreement if you have any
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questions you can always give us a call
at eight eight eight eight eight eight
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six five eight to or visit us on the web
and go to my website and you can
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download a free copy of our book or if
you want the book mailed to you
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just call the office and we'll mail the
book out to you without any questions
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ask for your free consultation call the
Law Offices of Vincent W Davis and
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associates today one eight eight eight
eight eight eight six five eight -
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that's one eight eight eight eight eight
eight six five eight - thank you for
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watching
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you
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