If starting a business should the LLC be created before signing a Post-Nup or can a Post-nup cover all future businesses owned or created by a spouse in California
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Question 2: If waive Spousal support and sign a Post-Nup in California with no spousal support and I lose my job and then my wife divorces me (within 90 days of signing post-nup and while talking of divorce during signing), can the court revise it? Should a Settlement amount also be included in the Post-Nup even if minimal if the other spouse has significant assets?
Hello! My name is Dolan and I’m happy to help! To answer your first question, the postnuptial agreement can cover whatever assets you have currently or whatever assets you guys are planning on in the future. So there is no need to create it ahead of time specifically. .
To your second question, the court would not be able to revise a postnuptial agreement once it is signed. This means that if you guys agreed to waive support, it is binding. Even if you lose your job, the court can’t change it. The only thing that could change it is if you guys renegotiate the terms of your post nap agreement regarding spousal support. In my experience, most couples will simply give up any right to spousal support. The main reason is that it can be complicated to try to determine whether spousal support is even needed in the future. It may depend on whether somebody gets a large inheritance, it may depend on whether somebody starts a business, they could depend on a variety of factors that are impossible to predict. As such, in order to head your bets, I usually advise people to just give up spousal support altogether. There is the risk that if you lose your job, you may not get anything, but if your business is wildly successful, you also do not have to pay anything either.
thank you Dolan, you are incredible, much appreciated.
Are you able to review the PostNuptial agreement if it was drafted by my wife's Attorney and I agree to all terms?
Hello! Yes, I can definitely review the post agreement. I’m not sure what state you are in, but if you are in California, you can have me do it. I give a 10% discount since you are a legal chat member. The typical price is around 495 as a flat fee. If you are not in California, then I recommend just posting a bid to the website and you’ll have lawyers fight with the job for you!
That works great! I am in California. How do I get started? Do I need to click on your Profile for a proposal? I can upload the agreement. I am also interested what happens when I buy a house with my spouse and as mentioned that my future businesses are covered. Thank-you!!!
Hello! Yes, I can create a job for you! I’ll take care of that now.