Know what can be included in prenuptial agreement

On Behalf of | Oct 21, 2020 | Prenuptial Agreements

Prenuptial agreements are not only for the wealthy. Any California resident can elect to draft and execute a prenuptial agreement with their intended spouse. For many, prenuptial agreements are sound legal documents that can protect individuals’ financial interests and work out difficult matters in the event their marriages end in divorce.

For as useful as prenuptial agreements, also called prenups, can be, they cannot cover every possible divorce-related concern. Before entering into a prenup, and individual should talk to their attorney about what can and cannot be included in the contract. This post provides information only and does not offer any legal advice.

What can be included in a prenup?

Prenuptial agreements generally cover financial matters related to marriages and divorces. For example, through a prenup the parties to a prospective marriage can insulate each other from their respective pre-marital debts. Similarly, in a prenup they can stipulate what property will remain separate property once they are legally joined in marriage. This can have bearing on another important factor that can be included in a prenuptial agreement: the division of a couple’s property during a divorce.

What cannot be included in a prenup?

For everything that prenuptial agreements can do, there are many things that they cannot accomplish or contain. Prenups cannot authorize illegal actions or activities and they cannot mandate parties to waive their rights to future spousal support. Prenuptial agreements cannot establish child custody plans or agreements; these decisions must be made based on the best interests of children at the time their parents’ go through the divorce process.

Prenuptial agreements are financially-focused contracts that help couples settle money matters during and after their marriages. They do not address personal concerns or divorce-related questions regarding the care and custody of children. To learn more about prenuptial agreements, readers are encouraged to contact their trusted California-based family law and divorce attorneys.