The prenup primer, Part 2
In our last post, we talked about prenuptial agreements, gave a basic definition of prenups and explained why they can be beneficial to couples. But let’s go a little further today as we talk about what the actual contents of a prenuptial agreement can be — and what they can’t be.
There are very specific topics that are forbidden from being included in a prenuptial agreement. One basic premise to understand is that if something is illegal, then you can’t include it in your prenup. However, there are more specific topics that are off limits in a prenup. You can’t include anything that involves child custody or support. You also can’t waive your right to alimony in your prenup, nor can you include language that would encourage a divorce in the future.
So what can you include in the prenuptial agreement? Well, quite a bit actually. You can make provisions that outline which spouse takes care of what responsibility during the marriage. You can protect assets, businesses, and estate plans in a prenup. You can make accommodations for your children from a previous relationship in a prenup. Your prenuptial agreement can do quite a bit to protect you and your spouse.
Having valid provisions in your prenuptial agreement is crucial because if your prenup is not compliant with the law, then it could be susceptible to a legal challenge — if not tossed out entirely. We’ll talk about this, and a lot more, in our next post on prenuptial agreements.
Source: FindLaw, “What Can and Cannot be Included in Prenuptial Agreements,” Accessed Nov. 13, 2015