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What should you not include in your prenup?

On Behalf of | Aug 9, 2023 | Prenuptial Agreements |

A prenuptial agreement allows couples to set provisions regarding properties and obligations, which usually take effect upon their separation or death. It is a robust contract that might help reduce conflicts, especially during your divorce, but there are things it cannot do.

Things you can include

A prenup may enable the couple to delineate between marital and separate assets, which might help bypass Texas’s community property rules somewhat. If you have inheritances and other assets you want to keep as personal property, you can usually use a prenup to protect them.

You may also use a prenup to identify which partner is responsible for which obligations. For instance, some couples identify who manages specific bills and debts on the contract. In Texas, you may also include provisions regarding changing and waiving alimony.

Things you cannot include

Although couples are generally free to include most subjects in their prenup, the following are usually out of the question:

  • Illegal activities. Provisions that involve crime or anything illegal may invalidate your parts or the entirety of your prenup.
  • Child support and custody. The court usually recognizes children’s rights to support from their parents. They also consider the child’s best interests when deciding custody. For these reasons, they are not likely to honor any premarital agreements setting up restrictions in these matters.
  • Reward for divorce. Your prenup must not provide incentives that might encourage you toward divorce. Some judges may flag provisions on dividing property for this reason. Getting a family law attorney to help with your prenup’s language might help avoid such an issue.
  • Unreasonable demands. Prenups typically cover matters that affect a couple’s finances. Including nonfinance-related subjects, especially unfair or unreasonable ones, might weaken your prenup. For instance, the court might throw out provisions demanding one spouse to maintain their weight or take on a specific chore all the time.

A prenup is a versatile and handy tool, especially if you want to protect your assets from unforeseen events. If you need help creating one that is enforceable, it would help to seek legal assistance.