Are you interested in creating a prenuptial agreement? Is this something you’ve discussed with your soon to be spouse?
If you find yourself in this position, it’s a must to better understand what you are and are not permitted to include. The last thing you want to do is create a prenuptial agreement that will not hold up in court if the time comes.
Here are some of the things that you are not allowed to include in a prenuptial agreement:
— Provisions associated with anything illegal. If it’s illegal, there is no place for it in your prenuptial agreement. There is no way around this.
— Decisions regarding child custody or child support. Even though it would make sense to include these provisions in a prenuptial agreement, the law does not allow it. Instead, if you go through divorce, the family court will make final decisions regarding child custody and child support.
— Personal matters. A prenuptial agreement is to be used for financial matters, not those associated with personal preferences. An example of this would be an agreement that outlines where to spend the holidays or who does what around the home.
There are many benefits associated with creating a prenuptial agreement. As long as you know what you can and can’t include, it’s much easier to create an agreement that both parties will be comfortable with.
If you have any questions about whether or not you can include a provision in a prenuptial agreement, it’s best to get legal assistance. You don’t want to include something that could be ruled against in the event of a divorce.
Source: FindLaw, “What Can and Cannot be Included in Prenuptial Agreements,” accessed Jan. 05, 2017