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Here are some things you can — and can’t — include in a prenup

On Behalf of | Jun 10, 2015 | Property Division

We have written about the prenuptial agreement before. This contract is an incredibly important part of both marriage and divorce. However, what are you allowed to include in your prenup, and what topics are barred from being included in the contract?

Some of the matters that we will talk about may seem obvious. But there are many people out there who have never dealt with prenuptial agreements or family law. These factors inherent to prenups are important to discuss, no matter how obvious they may seem.

With that said, let’s look at a few things that you are allowed to include in your prenup:

  • You can outline what property belongs to you, what property belongs to your spouse, and what property is shared between the two of you. Similarly, you can outline who is responsible for what debt (even the other spouse’s debt).
  • You can protect your estate plan, as well as property that belongs to your family (outside of your marriage).
  • You can add provisions that explain how property division will be dealt with in case of a divorce.
  • You can even define certain responsibilities that each spouse will have during your marriage.

Now, what about what you can’t include in a prenup? Here are a few examples:

  • You can’t add anything that would make a divorce more likely to happen.
  • You can’t waive your right to alimony, and you can’t include any provisions relating to child custody or support.
  • You are forbidden from including anything that is illegal.

Source: FindLaw, “What Can and Cannot be Included in Prenuptial Agreements,” Accessed June 10, 2015