Lavin & Parisi, Attorneys at Law

Prenuptial agreements can only include certain points

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A prenuptial agreement is a good financial tool for those planning to marry. There are many points that can be included in these contracts, but there are also some that can't be. It is imperative that you know the difference so that your prenup can't be invalidated later.

It is important to know what should't be included. For example, including any illegal clauses can get the entire agreement tossed out. You also can't include anything regarding child custody or child support as these matters are decided in the best interests of the children and can't be done in advance. Alimony waivers also typically can't be put into prenuptial agreements.

You can cover all sorts of financial matters in your prenuptial agreement, such as assigning debts to each party if they enter the marriage with them. You might also set up protocols for who will get what if you divorce. You might even use a prenuptial agreement to protect family heirlooms and inheritances to only one spouse.

In some cases, business matters for a family-run company might also be included in the premarital agreement. You can set up provisions to protect children from previous marriages and to ensure that your estate plan remains safe.

Be sure that you don't try to rush your betrothed into signing the prenupital agreement. Both parties must have ample time to review the agreement with their respective attorneys. A prenup can be invalidated by the court if it obviously favors one side, so be sure that your agreement is fair to avoid it getting thrown out by the court.

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