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Things to know before drafting and executing a prenuptial agreement: part II

In our last post, we discussed some of the reasons behind an apparent national increase in the number of couples opting to complete prenuptial agreements prior to tying the knot. In this post, we'll discuss some of the things that a prenuptial can and cannot be used to accomplish as well as actions that may lead to a prenup being deemed invalid.

Most Minneapolis area residents have likely heard about the ever-growing student loan debt crisis in America. In our last post, we discussed how today more U.S. women than men are pursing higher education degrees. It makes sense, therefore, to assume that a sizable percentage of both male and female college graduates have debt. In fact, according to The Institute for College Access & Success, 70 percent of Minnesota college graduates graduate with student loan debt with an average amount of nearly $31,000.

Detailed each respective spouse's debts, including those related to student loans, in a prenup means the other spouse won't be held responsible for repayment should a couple subsequently divorce. Additionally, provisions in a prenuptial agreement can outline specifics related to the ownership of a home or property, inheritance matters and business assets. In the event of a divorce, a prenuptial agreement can also be used to shield assets for the benefit of children from a previous marriage.

Upon hearing about a celebrity divorce, news outlets often referenced so-called cheating or infidelity clauses. These types of clauses, however, as well as those that relate to other non-financial aspects of a marriage, are not enforceable by law. In some cases, including nonfinancial provisions in a prenup can even spur a judge to deem a prenup invalid.

In addition to personal matters within a marriage related to chores, physical appearance and sex; provisions related to child custody and alimony also cannot be included or enforced per a prenup.

In our next post, we'll take a look at what an individual must and should not do when drafting and executing a prenuptial agreement.

Source: FindLaw.com, " What Can and Cannot be Included in Prenuptial Agreements," 2014 

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