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What can’t you include in a prenuptial agreement?

On Behalf of | Mar 19, 2024 | Divorce

A prenuptial agreement can help you plan for the future, especially from a financial perspective. Yet, there are certain concerns that you cannot address in this kind of legally binding contract. These restrictions are in place to protect both parties and to better ensure fairness.

If you’re considering creating a prenup to safeguard your financial interests, it’s important to understand what you cannot include to avoid complications and disappointments in the future. Remember, unlawful provisions on your prenup are unenforceable, and you could be caught flat-footed if the time comes to enforce your expectations.

Child custody and support provisions

You cannot decide on child custody or child support arrangements in a prenup. If there were a future divorce with children involved, these issues will be decided based on a child’s then-existing best interests and prevailing circumstances. Because a child’s best interests or needs can change over time, you cannot preemptively make binding decisions on child custody and child support decisions with a prenup.

Illegal or unfair terms

Unfair provisions and those that are contrary to the law or against public policy are not enforceable. For instance, a financial agreement that implicates criminal statutes or penalties is going to be unenforceable.

Provisions that encourage divorce

A prenup should not incentivize or encourage divorce by offering one spouse a way more favorable settlement. Prenups are primarily intended to protect both parties’ interests overall and encourage a fair resolution in the event of a divorce.

A prenup can be a crucial safety net if your marriage ends. However, you need a fair, valid and legally enforceable document that will withstand legal scrutiny. Seeking legal guidance can help ensure you do everything right and avoid mistakes in your prenup that can leave you financially exposed down the line.

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