Home On prenups, and what can or can’t be included in them

On prenups, and what can or can’t be included in them

Family Law Blog

On prenups, and what can or can’t be included in them

On behalf of Law Offices of Barry I. Finkel, P.A. posted in Prenuptial Agreements

On behalf of Law Offices of Barry I. Finkel, P.A. posted in Prenuptial Agreements on Friday, December 4, 2015.

In our last post, we talked about discussing money and prenuptial agreements with your soon-to-be-spouse. Money is important -- we'll say it even though it goes without saying. And when two people walk down the aisle together, the financial side of their relationship is immensely important. Discussing this factor in your relationship is inherently important.

Now, if you and your spouse do decide to have a prenuptial agreement, the two of you will need to draw up some provisions and rules within that prenup. Many topics will rattle around in your head, and you will want to put many of them down on paper. But not everything that you think of can be included in a prenup.

So let's discuss some of the things you can and can't include in a prenup:

  • You can't include anything illegal, or any language that includes child custody or support. You also can't create provisions that encourage divorce or that waive your right to alimony (or spousal support).
  • However, you can include many other topics. You can distinguish who owns or is responsible for which piece of property. You can differentiate debts, protect your estate plan and make provisions for children from a previous relationship. You can also define what happens should you divorce, as well as detail what responsibilities each spouse will have in the marriage.

There is a lot you can and can't include in a prenup, and so you will likely have plenty of questions about drawing up a prenup. If so, consult with a family law attorney as soon as possible.

Source: FindLaw, "What Can and Cannot be Included in Prenuptial Agreements," Accessed Dec. 4, 2015

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