Ordway Law Group, LLC
Ordway Law Group, LLC
Divorce & Family Law

4 things you cannot include in a prenup

| Jan 24, 2018 | Family Law |

The divorce rate in the United States has been on the decline for a while. As of 2016, the divorce rate was the lowest it’s been in nearly 40 years. 

divorce will bring many complications, but spouses can save some hassle by creating a prenuptial agreement before tying the knot. In the event one or both spouses make a lot of money, a prenup can help provide both people with peace of mind should things ever turn south. However, it is important to be cognizant of the things you cannot include in the agreement. Have an attorney review your prenup before notarizing it so you can be certain it will hold up in divorce proceedings. 

1. Unfair financial terms

If one spouse makes $200,000 annually while the other makes $30,000, then the prenup cannot include language about how the spouses will merely retain their respective salaries. The court will make sure both people will be financially secure following a divorce, and no matter how much money you make, you will need to pay something in alimony. 

2. Terms of relationship

Prenups are purely for financial purposes. Including information related to physical appearance or in-law visits will not stand up in court. Additionally, including such information could void other terms of the prenuptial agreement, so it is best to leave these terms off entirely. 

3. Child custody and support

Most couples will not go into the marriage with children. Therefore, it is unfair to determine how you will split custody and determine support payments before there are any children in the equation. 

4. Verbal agreements

For a prenup to hold up in court, it needs to be a written document. It requires notarization for a court to honor it. In the event two spouses want to make changes to the prenup later on, then those changes require notarization, too. Additionally, both parties need to sign the prenup willingly without coercion. 

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