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Are you going to be creating a prenuptial agreement before you get married? If so, you may not be aware that there are restrictions about what you can include in them. Here are some things to know about those restrictions to ensure that the prenuptial agreement is enforceable.
You Can't Include Terms That Affect The Child
When you are creating terms of a prenuptial agreement, know that you can't include anything that would affect the child. This could include things such as property distribution, and terms that would be taking property away from a spouse that would ultimately belong to a child. Other unfair terms could include terms regarding child support and how much a spouse would receive for the child. These are decisions that will ultimately be decided by the court, and there is no way for the terms in a prenuptial agreement to be valid.
In addition, the same logic applies to any terms that would impact child custody. Anything in the prenuptial agreement that would put a condition on who receives custody or how much a spouse can see their child after a divorce would also be invalid. Once again, a judge makes these decisions based on what is in the best interest of the child.
You Can't Include Anything That Would Be Considered Illegal
Everything that is in a prenuptial agreement must be considered a legal act under the law. You cannot place conditions in the prenuptial agreement that would require your spouse to break the law and have some sort of penalty related to the divorce if they do not follow through with the agreement. While this may seem obvious, illegal acts can easily invalidate a prenuptial agreement and cause the entire agreement to be picked apart as a result.
You Can't Make Someone To Sign The Agreement With Trickery Or Coercion
Both people that sign a prenuptial agreement must do so willingly and fully understand what they are signing. A problem that some people run into is that they feel forced to sign a prenuptial agreement because they are being coerced to do so. This includes things like blackmail or some sort of threat that would force someone to sign the agreement.
Similar rules apply to tricking someone into signing a document that they did not understand. The people signing the agreement must fully understand what it is. Simply pulling a fast one on your spouse to sign a document without letting them read it will not count as a valid prenuptial agreement. Contact a family law attorney near you.
Share27 March 2021
