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What can't be in a prenuptial agreement?

There are many things that you may wish to include in a prenuptial agreement so that you don't have to worry about working through disputes if you have a divorce later in the future. However, there are certain terms that can't be discussed in prenuptial agreements. These terms are usually dependent on factors that can't be predicted, so courts don't allow them to be in the legal document. Even if they are included, they'll be invalidated.

A few of the things that can't be included in a prenuptial agreement include:

  • Waivers to your right to an attorney
  • Decisions about visitation or child custody
  • Decisions about child support
  • Provisions that detail illegal acts
  • Details about personal matters, such as where you'll spend your time during holidays or how to raise your children
  • Provisions that encourage you to seek a divorce due to financial incentives

What happens if there are provisions in a prenuptial agreement that aren't valid?

Depending on the situation and how pervasive the invalid provisions are, the judge may invalidate part or all of the prenuptial agreement. If a judge believes that a prenuptial agreement is frivolous or ridiculous, they're more likely to throw out the entire agreement and make you negotiate as if there was no prenuptial agreement in place during divorce.

This can be good news if you felt that you signed away certain rights or agreed to terms you didn't like. If these terms are invalid, then you won't have to worry about the court enforcing them or your spouse being able to use the prenuptial agreement against you.

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