2 mistakes to avoid in a prenuptial agreement

On Behalf of | May 15, 2020 | Prenuptial Agreements |

Prenuptial agreements have endured a historically negative perception. In the past, they were widely considered by many as planning for failure. In popular media, asking your partner to sign a prenup was a sure-fire way to get the wedding called off. Fortunately, these marital agreements have grown in popularity with the understanding of the true meaning behind the paperwork – a way to document non-marital assets and keep things organized going into the marriage.

The prenuptial agreement is designed to protect parties in the event of divorce and ease many disputes surrounding the division of assets and debts. Unfortunately, some individuals attempt to overextend the reach of the marital agreement and include terms that are either unenforceable or outside the purview of the court. Here are two categories that should be flatly ignored in a prenuptial agreement.

  1. Children: While many couples might attempt to work out issues that could be emotionally tumultuous in a divorce while in a cooler state of mind, a prenuptial agreement cannot contract for the custody of children. Attempting to come to an agreement regarding parenting time years in advance might seem like next-level planning, but it is impossible in the eyes of the court. Similarly, reaching an agreement about child support isn’t possible in a prenup as neither party knows for certain what their financial situation will be when divorce becomes a reality.
  2. Lifestyle clauses: It’s becoming trendy to include clauses centered on a couple’s lifestyle. From the frequency of intimacy to weight gain to assigning household chore responsibility – the court will likely frown on these inclusions. It might be something the couple can craft on their own and post on the refrigerator, but these terms have no place in a legally binding contract.

With these and similar situations, it is crucial that you work with an experienced legal professional to ensure everything is completed in accordance with state guidelines. Do not hesitate to discuss the items you’d like to see included in a prenuptial agreement with a knowledgeable family law attorney.