Things a Prenup Cannot Do

Before a wedding, there are a lot of exciting things to plan. One item that may not be as exciting but is an essential part of the process is a prenuptial agreement

While it may be a difficult subject to broach, it is vital to remain realistic. A prenup can do a lot of good in the event of a divorce. However, it can cause complications if you use your prenup in the wrong way. Here are some of the items a court of law will not allow in a prenup. 

Child custody, support and visitation

Most people marry without having any children. That does not stop them from including provisions in a prenuptial agreement about who will have custody and how much support the other spouse will provide. The problem with this is that a prenup can only contain provisions about financial matters. You can include items in a prenup about how each party will contribute financially to a child’s future, such as who will pay for the child’s college tuition. You may not be able to predict how many children you end up with, so you cannot guess in the initial paperwork. 

Anything that is unfair

Many people mistakenly believe they will not have to pay any alimony or child support as long as they write a prenup. However, if one person makes substantially more than the other spouse, then that person cannot get out of paying anything. Additionally, the terms of the prenup cannot be unfair the other way. One spouse cannot take the entirety of a large inheritance without leaving anything for the other person. 

Anything that is illegal

This is true of any legal document. Nothing can be inside the terms stating that one person has to commit an illegal act. Spouses are also unable to force someone else to sign the prenup under force or duress.