Cecil Cianci Law

3 Items You Cannot Include in a Prenup

People can implement various steps to develop a solid prenuptial agreement. It is good for a couple to sign the document shortly after the engagement because they will have clearer minds. They are not in the process of planning a romantic wedding yet, so handling the paperwork at this time may be beneficial for both parties. 

Prenups are incredibly useful for couples with numerous assets to divide in the event of a divorce. Before you write the details of the document, you should know what should and should not go in it. Including certain items could nullify entire sections or the entire document. 

1. Non-financial requirements

One spouse may not want the other to gain a bunch of weight or maintain a certain hairstyle. A prenuptial agreement only relates to financial matters between the couple. It details how the couple will divide property and how much in alimony one spouse will receive. The couple should discuss anything outside those terms privately. They can come to any personal agreements they want, but they cannot receive reinforcement through a legal document. 

2. Unfair conditions

One spouse may make 10 times as much as the other. The higher-earning spouse may not want to pay anything in alimony, but with such a wide discrepancy in income, a judge would likely not allow it. Both spouses should be able to support themselves in the event of a divorce, and you cannot include anything in a prenup to get out of paying absolutely anything. 

3. Child visitation, custody and support

You can include provisions in a prenup about any children you had with someone else other than your spouse. However, you cannot discuss terms in a prenup related to children you will have with your spouse in the future. You can include terms in the document about how you will each pay for the child's college education, though. 

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