What am I not allowed to include in a prenuptial agreement?

When a couple that has decided to get married also decides that they want to protect their individual belongings by way of a prenuptial agreement, it is important that they maintain an awareness what they can and cannot include in this agreement.

What you can include:

Individuals who wish to create a prenuptial agreement may include decisions regarding all financial matters such as spousal support, retirement funds, investments, real estate holdings, division of assets and liabilities, and businesses.

What you can’t include:

Individuals who want to create a prenuptial agreement should make themselves aware that they are not able to include some of the following provisions in the agreement:

  • Any language regarding child support, child custody, child visitation, or any other matters related to current or future children the couple may have
  • the denial of alimony rights to one spouse
  • “lifestyle clauses” such as consequences for a spouse’s weight gain, etc.
  • anything related to wealth that seems blatantly unfair to the other spouse

It is important that when drafting a prenuptial agreement, both spouses agree to the provisions and voluntarily sign it. In addition, the agreement must be enacted BEFORE the marriage is official, otherwise, it will not be valid and the couple may have to consider a post-nuptial agreement. If you have questions about prenuptial agreements, contact our firm today.

If you require compassionate and knowledgeable legal guidance for a matter of divorce, family or estate law, please contact the experienced attorneys at the Law Offices of Cynthia L. Hanley today.