Prenups: what can you include and what is forbidden?

Posted by Lauren S. CohenDec 31, 20150 Comments

If you and your partner are considering getting married, then there are a million important conversations you will need to have. One of them is related to finances — and that can inevitably lead to the conversation of whether or not the two of you should sign a prenuptial agreement. Prenups are very important in today's day and age of marriage and divorce. In truth, prenuptial agreements always were important, but there was a perception that prenups were “anti-love,” and thus many people didn't even consider them.

Today, prenups are critical for many couples. So if you and your spouse talk it over and decide that you want to sign a prenuptial agreement, then you will naturally want to know what you can, and can't, include in that prenup. Let's take a look at some of these elements:

  • Your prenup can include a lot of critical information regarding division of property in light of a divorce. You can distinguish how debts are handled; you can protect family assets; you can protect your estate plan; and you can expand on the responsibilities that each spouse will have during the marriage.
  • However, there are plenty of topics that you can't expand upon in a prenup. For example, nothing illegal can be included in the prenup. You also can't include any language regarding child custody or child support. You also can't waive your right to alimony or have provisions that encourage divorce.

The details are important with any legal document, but they are especially important for prenuptial agreements.

Source: FindLaw, “What Can and Cannot be Included in Prenuptial Agreements,” Accessed Dec. 31, 2015