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5 items you cannot include in a prenup

On Behalf of | Nov 27, 2018 | Divorce

There has been a drastic increase in the number of couples getting prenuptial agreements. Millennials have really hopped onboard the practice, which is great because prenups provide numerous advantages. 

Although couples who have not married yet may not want to think about the possibility of divorce, signing a prenup is a valuable precaution that can help you should the marriage end. However, prenups do not encompass everything. There are items you do not want to have in the paperwork or else it could invalidate the entire document. 

1. Nonfinancial requirements

Prenups predominantly deal with the financial considerations of divorce. Couples cannot use prenups for personal matters, such as how much weight each party can gain. Those are separate considerations both spouses need to talk about ahead of time. 

2. Anything unfair

A spouse who makes substantially more than the other cannot get out of paying anything with a prenup. A prenuptial agreement also cannot include items such as requiring one spouse to give up the entirety of an inheritance to the other. Both spouses still need to be able to support themselves after a potential divorce.

3. Anything illegal

One spouse cannot force the other to commit an illegal act specified in a prenup. All terms in the document must comply with federal, state and local laws.

4. Anything that incentivizes divorce

Prenups cannot include any details that serve as an incentive for one spouse to divorce the other. In the event such an incentive was present, then a judge may not abide by any of the document’s terms. The reason is that the prenup would function as the impetus for divorce. 

5. Child custody and support

Before a marriage, it is impossible to predict how many children a couple will end up with. Therefore, a court will not consider any terms in the prenup that relate to child support and custody. However, a spouse with a child from a previous marriage could include terms that protect that child and any property the child has. 


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