Plan the terms of the prenuptial agreement carefully

By |2022-04-06T15:30:36+00:0027 Jul 2018|Categories: Prenuptial Agreements|


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.

About the Author:

Dorie Anne Rogers - The Law Offices of Dorie A. Rogers, APC
Dorie A. Rogers, a Family Law Specialist, Certified by the State Bar of California, has been an attorney since 1981 with an exclusive family law practice located in Orange County. She is accepting dissolution cases with support and property issues including the use of forensics to ascertain business value, community interests and to establish monthly case flow analysis. Ms. Rogers has substantial experience in high conflict custody litigation involving sophisticated psychological issues. She drafts premarital and postmarital agreement designed to define and establish parties' separate and community property interests. Paternity cases and domestic violence matters are considered part of her practice. Ms. Rogers is a court-approved and court-appointed to represent minor children.Ms. Rogers consults with individuals concerned about entering or exiting a relationship. She advises effective strategies for dissolution or premarital planning. Knowledge is power and good planning affords better results.Specialties: Family Law Specialist, Certified by the State Bar of California
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