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Factors to consider before signing a prenuptial agreement

On Behalf of | Jan 30, 2023 | Prenuptial Agreements |

There is more to preparing for marriage than just planning a wedding.

Consider these critical factors as you discuss a prenuptial agreement with your partner.

What you can and cannot include in the agreement

A prenup generally covers financial property, spousal support, debt distribution and inheritance. Most states will not allow you to include provisions that might encourage divorce, such as ultimatums. For example, you should not list actions, such as gambling or excessive working, as immediate grounds for divorce.

A prenuptial agreement is also not the place for creating frivolous rules. For example, you should not include terms for gender roles for each spouse or duties one spouse must complete.

How children affect your prenup

If you have children or intend to have children, there are limitations on how you can address co-parenting in a prenup. For example, you cannot stipulate specifics for child support or custody in the agreement. However, you can include provisions for inheritance in the event of your death. This is particularly important for people entering a marriage with a child from a previous relationship.

What invalidates a prenup

The court always considers a prenup during divorce proceedings, but there is still no guarantee the court will enforce it. If the terms are unfair or include unethical demands, the agreement would be invalid. Additionally, if either spouse did not fully disclose assets before signing, that could also invalidate it.

You can write virtually anything you want in a prenup. However, sticking to financial stipulations is often best if you want to be enforceable.