What to include and leave out of a prenuptial agreement

By |2022-04-06T15:11:34+00:0031 Jul 2017|Categories: Prenuptial Agreements|


A prenuptial agreement is an insurance policy of sorts. It is a way that you can ensure that you know what you are going to walk away with if your marriage doesn’t work out. This is an important document that you must ensure is fully enforceable.

There are several things that you can’t include in a prenuptial agreement, so make sure that you leave these out. Some of the things to avoid include anything that has to do with child custody or child support. You should also know that waiving alimony payments can’t be included in most prenuptial agreements.

You must ensure that the prenuptial agreement isn’t considered one-sided. The agreement can’t favor one side over the other side or the entire thing might be tossed out when the time comes.

Some of the things that you can include in a prenuptial agreement include stipulations about who will get what assets. You can also cover who will be responsible for what debts, which can be helpful if you or the person you are marrying has debts coming into the marriage.

If you think that you are going to get an inheritance, you can include this in the prenuptial agreement. You can also set up plans for caring for your children that you had going into the marriage.

Ultimately, the prenuptial agreement is something that has to be personalized to your situation. Making sure that you have everything worded properly and that only valid points are included can help to ensure that you have the protection you desired when you created the agreement.

Source: FindLaw, “What Can and Cannot be Included in Prenuptial Agreements,” accessed July 26, 2017

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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