When couples are getting married, they often discuss having a prenuptial agreement. A prenup is an agreement between two people entering into a marriage that outlines the division of property in the event of a divorce or death. It also allows couples to delegate assets to children from previous marriages. While many things can be included in a prenup, certain terms and conditions cannot be included.
Keep reading to find out more about what you cannot include in your prenuptial agreement from Rozin | Golinder Law.
Unenforceable Clauses
The most important thing to remember about what cannot be included in a prenuptial agreement is that it must be legally enforceable. This means any clauses violating public policy, morality, and law. Examples include:
Provisions for spousal support and child support payments that are not reasonable in amount or duration.
Clauses that waive any rights of inheritance.
Clauses that attempt to control future behavior, such as agreements about how often one spouse will cook dinner for the other.
In addition, any clauses containing false or incomplete information would also not be considered valid in court if challenged.
Involuntary Agreements
Another thing to consider when deciding what cannot be included in your prenup is whether or not both parties have voluntarily agreed to the terms outlined. Suppose one party was coerced into signing the agreement by way of threats or intimidation. In that case, any clause contained within the document could be declared invalid by a court of law. Additionally, if one party did not understand exactly what was agreed upon—whether due to their lack of understanding or because they did not have access to proper legal advice—then any clause within the document could also potentially be deemed invalid by a court if it is challenged later on down the line.
Work With Experienced Attorneys
When entering into marriage with a partner, couples should strongly consider having a prenuptial agreement drafted beforehand. This can help protect each partner's assets and provide peace of mind for both parties involved. However, it's important to remember what cannot go into this type of agreement so that you don't end up with an unenforceable contract down the line.
Knowing these restrictions can help ensure your contract meets all legal requirements, so it stands up if you need it. The team at Rozin | Golinder Law can help you navigate this process.
If you want assistance with creating your prenuptial agreement, call us at (732) 810-0034 or visit us online.