People who are engaged often focus heavily on planning the wedding, but that’s not the only thing that they need to do. Thinking about getting a prenuptial agreement together is another step that should be taken before marriage.
These agreements are designed to clarify certain financial expectations before the marriage, but they aren’t unlimited in their scope. Certain provisions can weaken the agreement or even cause parts of it to be unenforceable. Understanding what doesn’t belong in a prenup can help to ensure that your prenup is handled properly.
Personal or lifestyle requirements
Personal or lifestyle requirements, such as clauses that dictate apparent standards, household chores or frequency of intimacy, are often viewed as inappropriate. While these provisions reflect personal expectations, they fall outside of what the court would consider a valid contractual subject. Because of this, the courts won’t enforce these provisions.
Child custody and support
Another area that can’t be covered in the prenuptial agreement is anything that has to do with child custody or child support. These decisions must be made based on the best interest of the child at the time of the separation or divorce. Even if both parties agree to these terms in advance, they won’t matter because the court will review the circumstances to determine what’s best for the children at that time.
Courts typically consider what’s fair and just when they’re reviewing prenuptial agreements. These contracts work best when they’re focused, balanced and grounded in financial reality. Because of this, it’s critical that both parties carefully consider the terms of the prenuptial agreement and that the decisions are based on complete financial disclosures. Working with someone who’s familiar with prenuptial agreements may help you to ensure that yours is enforceable.