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The things that can’t be included in a prenuptial agreement

| Dec 8, 2016 | Family Law

Just because you create a prenuptial agreement with your soon to be spouse doesn’t mean this will come into play in the future. After all, if you stay married, as you’re hoping, this is never something you’ll turn to for clarification.

When creating a prenuptial agreement, it’s imperative to understand what you can and cannot include. Here are a few things that many people would like to include in a prenuptial agreement, but are prohibited by law:

— Provisions associated with anything illegal. If it’s illegal in any way, you should never try to add it to your prenuptial agreement.

— Decisions associated with child custody and child support. This isn’t something you can address in a prenuptial agreement, as it’s the family law court that is responsible for making decisions regarding such issues.

— Language that encourages divorce. This may sound strange, but some people attempt to add language to a prenuptial agreement that offers financial incentive for moving forward with the divorce process in the future.

— Rules that touch on personal matters, as opposed to financial details. For example, a prenuptial agreement cannot outline details associated with where to spend time on the holidays or who will do what chores around the home.

When you know what can’t be included in a prenuptial agreement, it’s much easier to create a valid document that both parties will be comfortable signing.

Although a prenuptial agreement is not the right choice for every couple who is about to marry, it’s something to look into with the help of a legal professional.

Source: FindLaw, “What Can and Cannot be Included in Prenuptial Agreements,” accessed Dec. 08, 2016

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