Pacheco Perez P.A.

You can’t include these things in a prenuptial agreement

When creating a prenuptial agreement with your partner, it's easy to believe you can include anything you want as long as both of you agree. However, there are laws in place that restrict what you can and can't include.

Here are some things that you should never attempt to include in a prenuptial agreement:

  • Anything illegal: If it's against the law, you are not permitted to include it in your prenuptial agreement.
  • Details regarding child custody or child support: It seems like this would be a natural provision for a prenuptial agreement, but it's not permitted. The court has the final decision when deciding who gets child custody and whether or not one parent will pay child support.
  • Language encouraging a future divorce: For example, including a financial incentive to file for divorce is a big no-no, as it may give one person a reason to go down this path.
  • Personal matters: You can't include personal matters in a prenuptial agreement, such as where you will spend holidays and who will do what chores around the house. A prenuptial agreement should be created with financial issues in mind, not those related to your personal life.

Knowing what you can and can't include in a prenuptial agreement makes it much easier for you and your partner to make final decisions.

When the time comes to discuss a prenuptial agreement and negotiate on what it includes, talk it out with your partner. Working together on the final details is much better than issuing demands and hoping the person goes along with it. A prenuptial agreement should benefit both of you.

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