A prenuptial agreement, commonly referred to as a prenup, is a legal agreement made between two individuals before they get married. It outlines the division of assets and financial responsibilities in case of a divorce or separation. Prenuptial agreements are becoming more and more common, but there are certain restrictions that must be followed.
One of the most important restrictions on prenuptial agreements is that they cannot be used to determine child custody or child support. The courts view these matters as being in the best interest of the child, and therefore, cannot be pre-determined through a prenup. Additionally, prenuptial agreements cannot be used to waive either party`s right to spousal support entirely. A judge must review the agreement and decide if it is fair and reasonable for both parties.
Another important restriction on prenups is that they cannot have provisions that violate the law. For example, if a prenup requires one party to commit an illegal act or violates public policy, the court will not enforce it.
Prenuptial agreements must also be entered into voluntarily by both parties. This means that each person must have adequate time to review and understand the terms of the agreement before signing it. If one person is forced or coerced into signing a prenup, it may not be enforceable.
Finally, prenuptial agreements cannot be used to determine anything other than financial matters. This means that provisions related to non-financial matters such as household chores, sexual behavior, or anything that violates public policy cannot be included in a prenup.
In summary, prenuptial agreements can be a valuable tool for couples to protect their assets and finances in the event of a divorce or separation. However, there are restrictions that must be followed. Prenups cannot be used to determine child custody or support, waive spousal support entirely, violate the law or public policy, be entered into under duress, or determine non-financial matters. If you are considering a prenup, it is essential to work with an experienced attorney who can guide you through the process and ensure that your agreement meets all legal requirements.