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3 things you cannot include in a prenuptial agreement

| Sep 2, 2020 | Prenuptial Agreements

If you are getting married in the near future, you may already have plans to draft and finalize a prenuptial agreement. According to CNBC, 62% of attorneys who participated in a recent survey reported that they had seen an increased in the number of couples seeking prenuptial agreements within the last three years.

A prenuptial agreement is a legal document that sets terms in place in case your marriage ends. Although these legal agreements are highly customizable, there are still things you cannot include.

1. Provisions that encourage divorce

Your prenuptial agreement cannot outline any financial incentive that would encourage divorce later on. If your marriage does end in divorce and it includes a provision like this, the court will not uphold it.

2. Details about personal matters

You cannot include information about personal matters in your prenuptial agreement. For example, you cannot outline which spouse will do what chores, where you and your spouse will spend certain holidays, details about how you will raise your children and other marital issues.

3. Information about child custody and support

You cannot add anything related to child custody or support in your prenuptial agreement. When calculating child support or determining a custody arrangement, the court has the final word. During divorce, the court maintains the authority to determine what is in the child’s best interest and develop an order accordingly.

Although you cannot include these provisions in your prenuptial agreement, the information you can include can protect your pre-marital assets and reduce future conflict. These agreements can also make the divorce process easier if ending your marriage does happen.

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