Prenuptial agreements are no longer a point of contention in modern divorces. A prenup makes sure the couple has more control over the division of their property, and it can help you ensure that any family heirlooms you have remain in the family.
However, every same-sex and opposite-sex couple needs to be aware of the limitations of such a document. A prenup cannot do everything, so you need to know the remaining risks. You should not include these provisions in a prenup because if you do, you could invalidate entire portions of the document.
1. Child welfare issues
Most couples do not have children before entering a marriage. As a result, it is impossible to guess what your future children will need. You cannot include provisions related to future children in a prenup because you may not know what those kids will require. You do not know how much time with each parent will be ideal with your future work schedules, and you have no idea how much child support will be necessary.
2. Non-financial provisions
The primary purpose of a prenuptial agreement is to lay out a division of finances and assets in the event of a divorce. You cannot include additional provisions that extend too far beyond that. For example, you cannot include details about how much time you will spend with one another’s parents in this document. You need to discuss those kinds of details in private before the marriage. The law cannot enforce them.
3. Unfair terms
You can plan how much alimony one spouse pays in the event of a divorce. However, this amount must be fair to all parties involved. If one spouse makes substantially more money than the other spouse, then he or she cannot get out of alimony entirely. All people must be able to support themselves following a divorce.
