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What is and isn't allowed to be written in prenuptial agreements

When people think about prenuptial agreements they often think about couple's whose balance of individual wealth is not proportionate. Then, the person with more wealth suggests a prenuptial agreement in order to hold on to all or most of their financial assets in case of divorce. While this may be the case for some couples, many are unaware of the other benefits that prenuptial agreements can have. This is probably due to the fact that many people simply do not know the type of details you can include in a pre-nup.

Prenuptial agreements are a platform many use to define financial responsibilities and boundaries. Though some believe these documents are merely preparing for divorce, most individuals use them with the best intentions and so that they can focus on their marriage instead of financial insecurity. Just speaking about these issues prior to marriage can really help soon to be husbands and wives be clear about their individual needs as well as their needs as a couple. Most often, spouses include clauses about debt, family property, or asset division that will be enacted in case of divorce.

However, financial concerns are not the only issues that can be included in a pre-nuptial agreement. Marrying couples can include some non-financial issues as well. However, they cannot include anything illegal in a prenuptial agreement. Also, decisions about child custody or child support cannot be premeditated since a family law judge will not uphold these type of decisions, as it may not be in the best interests of the child at the time of the divorce. It is also important to note that you cannot include a clause to waive your right to alimony.

Prenuptial agreements are a helpful tool for soon-to-be couples to ease their concerns before their walk down the aisle. Each couple is unique and therefore will require different clauses within their prenuptial agreement that will best suit their needs and relationship. Many individuals can benefit from this type of legal document as it just helps to set boundaries and prepare a worst case scenario plan. Thus, it may be wise to explore this legal option before saying "I do."

Source: FindLaw, "What can and cannot be included in prenuptial agreements," Accessed Feb. 2, 2015

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