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Take note of what you can, and can't, include in a prenup

A couple of months ago, we wrote a post about prenuptial agreements. More specifically, we talked about how prenuptial agreements are considered to be ironclad documents that simply can't be challenged. That, of course, is not true. There are plenty of ways that someone can challenge a prenuptial agreement.

In our post today, we will talk a little bit more about prenuptial agreements, what is allowed to be included in them and what is forbidden from inclusion.

We will start with the bad, and end with the good. What is forbidden to be in a prenup?

  • Anything that is illegal
  • Anything relating to child custody or child support
  • Provisions that have a spouse waiving his or her right to alimony (or spousal support)
  • Language that encourages the couple to get a divorce
  • Adding rules and provisions that are "personal" in nature as opposed to "financial" in nature

And what about the positive side? What are you allowed to include in your prenup?

  • Language that outlines which property belongs to each spouse, and what type of property (marital or separate) each asset is
  • Rules that state that one spouse is protected from the other's debts in case of divorce
  • Provisions that protect your estate plan from your spouse, and provisions that keep your family's property or assets within the family
  • Provisions that outline how property division will be handled during your divorce in lieu of state laws
  • Language that outlines what the responsibilities are of each spouse during the marriage

Source: FindLaw, "What Can and Cannot be Included in Prenuptial Agreements," Accessed Sept. 16, 2015

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