When drafting a prenup, what are you allowed to include?

A couple of weeks ago, we wrote a post about prenuptial agreements and the “lifestyle clauses” that can be included in these contracts. These are personal provisions that can cover a vast amount of behaviors and actions.

But it got us thinking about what can, and can’t, be included in a prenuptial agreement. While some of this information may be obvious, or even common knowledge, some of it is very interesting and specific. Take a look at some of the things you are allowed to include in a prenup, and some things that you are forbidden from including in this important document:

  • You CAN distinguish what property/assets are classified as “marital” or “separate,” and you CAN protect yourself from your spouse’s debt.
  • However, you CAN’T include anything in the prenuptial agreement that deals with child custody or child support.
  • You CAN make provisions that help you and your spouse provide for a child from a previous relationship.
  • But you CAN’T make any provisions that are illegal in any way.
  • In addition to adding those “lifestyle clauses,” you CAN add provisions that dictate how property will be divided should a divorce occur.
  • But you CAN’T have language in the contract that encourages divorce or has a spouse waiving his or her right to alimony (or spousal support).

Ultimately, there is a lot that goes into these important documents. So if you and your spouse are considering a prenuptial agreement before walking down the aisle, or if you and your spouse are disputing a prenuptial agreement, it behooves you to seek experienced legal counsel.

Source: FindLaw, “What Can and Cannot be Included in Prenuptial Agreements,” Accessed Sept. 3, 2015

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