Many couples who decide to get married may talk about their financial situation and come to the conclusion that they need a prenuptial agreement. The contract protects both spouses and can outline a wide variety of responsibilities and clauses that are inherent to marriage.
But when you decide to create a prenuptial agreement, it isn’t as though you can include anything in the contract. There are obviously some limitations on what clauses and provisions can be included, so today, lets talk about some of the things you can — and can’t — put into a prenup.
You can include a wide array of factors. Property division is a critical part of many prenuptial agreements. You can also make provisions for children from another relationship, as well as provisions that direct how a spouse’s debts are handled in case of divorce. In addition, you can protect your estate plan and you can divide up responsibilities during the marriage, such as who manages finances.
The other side of the coin is that you can’t include numerous elements in a prenuptial agreement. You obviously can’t include illegal information or provisions. You also can’t waive your right to alimony, or include anything that discusses child custody or child support. Additionally, you can’t encourage divorce in your prenup.
If you are considering creating a prenuptial agreement, or if you are involved in a divorce that includes a prenup, then you need to consult with an experienced attorney to ensure that your case is being handled as well as possible.
Source: FindLaw, “What Can and Cannot be Included in Prenuptial Agreements,” Accessed Jan. 29, 2016