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00:04
with regards to prenuptial and post-ups
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agreements
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they serve basically the same function
00:09
and that’s to try to make sure that the
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parties are aware of their rights
00:13
and what will happen should they
00:15
unfortunately separate and get divorced
00:17
the trends are basically the same except
00:20
different types of wordings we get into
00:22
restricted stock units
00:24
we get into properties various
00:26
properties and how they came
00:28
into being whether the community will be
00:31
able to
00:32
get any type of property right
00:35
into anybody’s property if it comes into
00:37
the marriage
00:38
prenuptial agreements and post-input
00:40
agreements a lot can be ascertained by
00:42
how
00:43
title is held with regards to either one
00:46
prenups obviously are
00:47
before the nuptials post-nuptials are
00:50
actually stronger
00:51
because the parties are presumed to know
00:53
what the assets of the community are
00:56
and when you do a post-nuptial agreement
00:57
you’re presumed to know
00:59
all of the accounts all of the financial
01:01
dealings of the other person and so it’s
01:02
considered to be a little bit stronger
01:05
you always have to be careful because
01:08
with regards to prenuptial agreements
01:10
and post-nuptial agreements
01:12
you must include all assets
01:16
all debts and that’s where most go awry
01:18
i do them
01:19
basically the same as i do a divorce i
01:21
require the same type of
01:23
paperwork i require all of the community
01:25
property to be
01:27
set forth in writing i require all of
01:29
the individual properties to be set
01:30
forth in writing
01:32
that way it’s a much stronger agreement
01:33
when it’s always in writing
Carlsbad, CA family law attorney Daniel J. Martin talks about the trends he sees with the use of prenup or postnup agreements.