PLAN THE TERMS OF THE PRENUPTIAL AGREEMENT CAREFULLY
When a couple gets engaged, they often have long conversations about what life will be like when they get married. One thing that they might not discuss much, if at all, is what might happen if they get divorced. This difficult topic is one that should be approached with care so that you can come up with a plan.
As you discuss the future, you might decide that there needs to be a premarital agreement. These help you to set the terms of a divorce before you are even married. Oftentimes, this can add stability to the marriage.
While there are many things that you can include in your prenup, there are many things that you can’t put in it. Adding anything that is off limits to the agreement could mean that the entire thing is invalid.
One point that you can’t put in here is anything to do with child support. The payments that will be made from one parent to the other are based on the current circumstances. Unless you can see into the future, you can’t know what is going to happen.
You also can’t include terms for child custody into a prenup. Just like child support, custody has to be considered at the time it comes up. You have to do what is best for the children, and this can change throughout the child’s life. ‘
Additionally, you can’t include anything that is illegal in the agreement. For example, a drug dealer shouldn’t include protections from his profits earned by selling drugs. This is one point that could certainly invalidate the entire document.