The Ins And Outs Of Prenuptial Agreements: What You Can And Can’t IncludeNavigating the world of marital agreements can be a maze, especially when it comes to prenuptial agreements, or “prenups” as they’re commonly known. Prenups are legal contracts entered into by a couple before they tie the knot. These contracts can be intricate and vary in content, but they essentially set terms for asset distribution and other financial matters if the marriage ends.

At Vatani Heinz Law, we often get asked about what can be included in a prenup and what cannot. Here’s a breakdown to shed some light on this topic.

Common Items Included in Prenups:

Before delving into specifics, it’s important to understand that prenuptial agreements, at their core, are designed to protect individual interests and preemptively address potential disputes. By outlining financial expectations and commitments upfront, couples can create a sturdy foundation for their union. Here are some common items that couples often consider:

  1. Asset Division: One of the primary reasons couples opt for prenups is to determine the division of assets acquired before and during the marriage. For instance, one partner may own a lucrative business before marriage and may want to ensure that it remains separate property even after marriage.
  2. Alimony/Spousal Support: While it’s not romantic, discussing potential alimony terms can save time and stress in the event of a divorce. Couples can decide on the amount and duration of spousal support.
  3. Inheritance Rights: Some may wish to ensure that specific assets or family heirlooms remain within their biological family, particularly if there are children from prior marriages.
  4. Debt Protection: Nobody wants to take on the other’s debt. A prenup can state that debt incurred by one party before the marriage will remain their sole responsibility.
  5. Management of Joint Financial Ventures: If the couple plans to run a business together, a prenup can clarify what happens to the venture if the marriage dissolves.
  6. Instructions for Property Sale: It’s not just about who gets what; sometimes, it’s about how assets like homes are dealt with, e.g., will they be sold, or will one partner buy out the other?

Items You Cannot Include in Prenups:

While prenups offer a wide scope for decision-making, they’re not a catch-all solution. There are certain aspects of a marriage and post-marital situations that the law doesn’t allow couples to dictate through a prenuptial agreement. It’s crucial to recognize these boundaries to avoid creating an unenforceable or void contract. Here’s what you cannot include:

  1. Child Custody and Support: The court decides child-related matters based on the child’s best interests. Prenups cannot predetermine custody or dictate child support amounts.
  2. Personal Non-Financial Matters: Prenups are primarily financial in nature. Clauses like “who does the dishes” or “how often we visit in-laws” are not enforceable.
  3. Illegal Provisions: Needless to say, anything illegal cannot be part of your prenup. This includes anything that encourages divorce or is against public policy.
  4. Waiver of Right to Alimony (in some jurisdictions): While some states allow alimony clauses, others consider it against public policy to waive alimony rights entirely.

Why Is a Prenup Important?

A prenuptial agreement is more than just a safeguard against potential future disputes. It encourages open communication about finances, assets, and expectations. It can prevent lengthy and expensive legal battles, and it ensures both parties are entering the marriage with clarity and understanding.

Contact Vatani Heinz Law for Prenuptial Support

As each couple’s situation is unique, we always recommend seeking personalized advice. The dedicated team at Vatani Heinz Law is here to assist and guide you through the complexities of drafting a prenup tailored to your needs. With the right preparation, you can embark on this beautiful journey of marriage with peace of mind.

Note: Laws related to prenuptial agreements can vary by jurisdiction. Always consult with a local family law attorney to understand the specific regulations and implications for your situation.

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