What You Can’t Include in Your Prenuptial Agreement

Posted on July 3, 2018

A prenuptial agreement (prenup) is a legally binding contract established by two people before they marry.  While it can accommodate most of the things that a couple would like to incorporate, there are some strict regulations as to what cannot be included in a prenup .

Some of those limitations include:

• Child care – Should a couple get divorced, a judge will make any decisions regarding the children including custody , visitation, and child support .
• Anything that encourages divorce – Prenups have been looked at as a way to get out of a marriage, which is why the courts continue to scrutinize agreements that encourage divorce.
• Legality – As with most contracts, a prenup cannot help with illegal issues, such as splitting up profits earned by selling drugs.
• Personal issues – Courts don’t have the time to entertain a couple’s personal matters which realistically cannot be solved by a court, such as the division of chores, eliminating bad habits, or determining where a couple should spend holidays.

If you’re planning a wedding, be sure to discuss the preparation of a prenuptial agreement .  It’s a document you will hopefully never have to worry about, but both you and your significant other should want to protect what was yours before the marriage.

It is crucial to know and understand the legal steps you should take if you do decide to use a prenup .  If you want the agreement to stand up in court, then it must be drafted correctly and effectively and filed before the wedding day.  For any questions regarding prenuptial agreements, please contact the Orlando family law attorney s at The Roberts Family Law Firm, P.A., by calling 407-426-6999 or by filling out the contact form located on this page.