A prenuptial agreement is an important element to any marriage -- and divorce, should it get to that point. However, some people may mistakenly think that prenuptial agreements are only for couples that have a lot of assets. This isn't true. Any couple can utilize the protections offered by a prenuptial agreement, though it obviously is more helpful for couples that have more assets to protect.
Given the importance of prenuptial agreements in today's world of marriage and divorce, we'd like to take a look at the many topics you can and can't include in your prenuptial agreement:
- You can include language that deals with the responsibilities each spouse will have in the marriage.
- You can include provisions that protect you from your spouse's debts, that protect your estate, and that protect family property or businesses.
- You can define which property and what assets are considered "marital" and "separate." This allows you to define how property division would be handled in case of a divorce.
- However, there are quite a few things that you can't include in a prenuptial agreement. For example, you can't include anything involving child custody or child support. Along the same line, you can't forfeit your right to alimony (spousal support). You can't include any provisions that are illegal or deal with illegal matters. And you can't include provisions that would encourage divorce.
If you need help drafting a prenuptial agreement or challenging one in court, please consult with an attorney.
Source: FindLaw, "What Can and Cannot be Included in Prenuptial Agreements," Accessed Aug. 2, 2017