A prenuptial agreement protects you if your marriage ends in divorce. It helps establish certain terms for the end of your marriage, making dissolution faster and less contentious.
However, your prenuptial agreement will not benefit you if it won’t hold up in court. Taking care not to include inappropriate details in your prenuptial agreement can help increase its usefulness in the event of a divorce. What kind of details should you not include in a prenuptial agreement?
Don’t negotiate terms that would prevent the payment of child support
Concerns about court-ordered payments can sometimes dominate the negotiations or marital agreement.
However, it is not the right of either parent to waive the obligation to pay child support in a prenuptial agreement. Using a prenuptial agreement to eliminate child support requirements could result in the invalidation of the document.
Don’t include personal details or household rules
The courts are there to enforce the law and evaluate and uphold contracts when appropriate. They are not there to micromanage your family circumstances.
It is one thing to include a penalty clause in the event that a spouse cheats, and it is an entirely different thing to include a schedule of household chores or instructions about how your spouse must maintain their appearance. The courts are unlikely to enforce or uphold terms that micromanage your personal lives.
Be careful about what you include and don’t include in your prenuptial agreement. An experienced attorney can help you draft a very strong document before you get married.