One of the biggest benefits of a pre-marital agreement, also known as a prenup, is that by creating one and signing it, potential disputes between you and your soon-to-be spouse can be resolved and potentially avoided entirely before tying the knot. This is especially true if the relationship were to end in divorce. So, naturally, you might be thinking you can include literally anything.
Well, not so fast. While a pre-marital agreement is an option for many couples and can set rules on matters like property, assets, and certain marital obligations, some things can’t be written into the language of the contract under any circumstances.
Examples of What Generally Can’t Be Included in a Pre-Marital Agreement
- Matters related to child support, child custody, or child visitation
- Language that limits a parent’s responsibility to a child
- Provisions that encourage divorce
- Anything illegal in the eyes of the law
- Unreasonable terms, such as those that excessively favor or penalize one spouse
Benefits of a Pre-Marital Agreement
Although having a conversation about a pre-marital agreement can often be tricky for parties looking at the possibility of marriage, there are positives to negotiating a prenup. It’s important to talk to your soon-to-be spouse and carefully consider all factors and address any concerns before marrying, and a pre-marital agreement is a good place to start those conversations.
Additional benefits to a pre-marital agreement include:
- Clearly defining “what is yours and what is mine” when it comes to property distribution
- Potentially protecting each spouse from the other’s debt, including defining which debts existed before the marriage
- Making any future legal processes (ex: divorce) smoother
- Predetermining certain rights and duties of the potential spouses
- Specifying what happens in the case of death or incapacity
- Improving communication between you and your spouse
- Overall peace of mind
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