Things that cannot be included in a prenuptial agreement

By |2022-04-07T19:34:35+00:0024 Apr 2016|Categories: Prenuptial Agreements|

Things that cannot be included in a prenuptial agreement

Prenuptial agreements are not something that most people look forward to talking about with their soon-to-be spouse because the conversation can be stressful, awkward and unromantic. However, it may have many benefits and it is a conversation that many couples need to have before tying the knot. It is true that this agreement can save a spouse from losing everything, but they are also confusing, especially when you realize what cannot be included. Knowing what prenuptial agreements can and cannot include is helpful before you sit down to draft one. This will help you plan accordingly so you don’t waste time discussing matters that can’t be resolved.

The following are things that cannot be included in a prenuptial agreement:

  • What chores each spouse must handle.
  • Decisions about child custody and support.
  • What type of relationship spouses will have with their relatives.
  • Provisions that appear to encourage the couple’s divorce.

When drafting a prenuptial agreement, if a couple is under the impression that certain things can be added, but find out they cannot, this can affect whether or not they even get one. At the end of the day, if a person has significant property and assets that need to be protected, ideally they should still get a prenup. Should they decide not to, and the couple gets a divorce, they may regret it if their spouse walks away with half of everything.

Many people don’t like the idea of a prenuptial agreement when it is mentioned. They may cringe because not only does this mean their spouse may believe they are only after their money, but they may also realize that should they divorce their spouse, there is a good chance they will end up with nothing. However, if both parties hire knowledgeable attorneys to assist them with drafting this agreement before entering a marriage, they may be able to find an arrangement that works for both of them.

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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