What Can & Can’t Be In A Prenuptial Agreement

The range of what can be in a prenuptial agreement is flexible and can accommodate most of the individual wants and desires that a marrying couple may have. On the other hand, there are some strict rules about what cannot be in a prenuptial agreement.

Generally, a prenuptial agreement can deal with the following:

(a) division of property on divorce;

(b) whether particular items are considered community property or separate property;

(c) ownership of the marital residence;

(d) responsibility for premarital debts;

(e) distribution of property on death (although you also need to update your estate planning documents to reflect his);

(f) alimony obligations (in most States);

(g) financial responsibilities during the marriage;

(h) under which state’s law the prenup is (otherwise it will be the state of the divorce, and not the marriage);

(i) how disputes about the prenup are to be resolve (for instance through mediation or arbitration); and

(j) sunset clause – many couples allow that their prenuptial agreement will not be valid if they are married for a certain number of years.

There are a number of limitations to prenuptial agreements. Prenuptial agreements can’t deal with the following:

(a) custody of the children (this includes things such as in what religion to raise the children, their schooling, etc.);

(b) visitation to the children;

(c) child support;

(d) anything “illegal” (as with most contracts); and

(e) anything “unconscionable” (unfair)

(f) anything that is thought to encourage divorce;

Although most states permit prenuptial agreements to deal with alimony, a court is allowed to invalidate the alimony provisions if the judge believe them to be unjust. This will normally occur in long term marriages if there is a great disparity between spouses’ incomes and no or little alimony being paid.

Finally, although items that deal with particular aspects of married life, such as the division of household responsibilities, are allowed to be in a prenuptial agreement, including these may actually make increase the likelihood of a prenuptial agreement being invalidated. If this sort of thing is important to you and your spouse, it is best to put them in a separate agreement.


  1. Avatar
  2. Avatar
  3. Avatar
  4. Avatar
  5. Avatar
  6. Avatar
  7. Avatar
  8. Avatar
  9. Avatar
  10. Avatar
  11. Avatar
  12. Avatar
  13. Avatar
  14. Avatar
  15. Avatar
  16. Avatar
  17. Avatar
  18. Avatar
  19. Avatar
  20. Avatar
  21. Avatar
  22. Avatar
  23. Avatar
  24. Avatar
  25. Avatar
  26. Avatar
  27. Avatar
  28. Avatar
  29. Avatar
  30. Avatar
  31. Avatar
  32. Avatar
  33. Avatar
  34. Avatar
  35. Avatar
  36. Avatar
  37. Avatar
  38. Avatar
  39. Avatar
  40. Avatar
  41. Avatar
  42. Avatar
  43. Avatar
  44. Avatar
  45. Avatar
  46. Avatar
  47. Avatar
  48. Avatar
  49. Avatar
  50. Avatar
  51. Avatar
  52. Avatar
  53. Avatar
  54. Avatar
  55. Avatar
  56. Avatar
  57. Avatar
  58. Avatar
  59. Avatar
  60. Avatar
  61. Avatar
  62. Avatar
  63. Avatar

Leave a Reply

17 − 7 =