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What should you leave out of your prenuptial agreement?

What should you leave out of your prenuptial agreement?

On Behalf of | Oct 25, 2022 | Divorce |

As you prepare to get married, there are many tasks on your to-do list. One of the legal matters that is likely on your pre-marriage to-do list is to create a prenuptial agreement.

According to Forbes, a prenuptial agreement is a legal document that outlines how to handle certain issues in the event of a divorce, such as property division. There are some limitations to what you can put in your prenuptial agreement, and the following are a few provisions you should leave out.

Details regarding child custody and support

Your premarital agreement cannot include any stipulations relating to child custody or child support issues. When calculating child support or determining child custody, the court maintains the power to decide.

Provisions about anything illegal

You cannot include anything illegal as part of your prenuptial agreement. If you do include illegal provisions, the validity of this document may be at risk.

Specifics about personal matters

You cannot include personal specifications for how your marriage will work after you finalize your union. For example, you cannot include who will do what chores around the house, where you will spend certain holidays, what kind of relationships you will maintain with different relatives and any details about how you will raise your children in the future.

Other matters you should decide separately and not include in your prenuptial agreement include any provisions that encourage divorce and anything not related to financial matters. Keeping these details out of your prenuptial agreement can help you protect your interests if your marriage does end in divorce later on.