What You Can’t Include in Your PrenupBy Moskowitz Law Group, LLC |
Creating a prenuptial agreement can be a confusing and difficult process for both spouses. Many may know what to include in a prenuptial agreement but few may know what is prohibited.
To prevent the rejection of your contract, check out these 5 things a prenup should not include. A compassionate New Jersey legal team could help you with any remaining questions or concerns about your prenuptial agreement.
Child Custody or Child Support Arrangements
Some couples may not know that a prenup cannot cover matters related to child custody and child support.
Child support and custody are issues that happen after a divorce and are determined by the court. The court uses a “best interest of the child” standard to weigh which custody arrangements best serve a child’s well-being, education and development.
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Clauses to Promote Separation or Divorce
Specifications that offer a spouse financial incentives to divorce, such as provisions regarding alimony or property division, may be thrown out. The courts may reject a prenup if the agreement promotes divorce in any way.
Requirements Involving Physical Appearance
Similar to the previous clauses, a spouse cannot set physical or appearance standards for the other. Prenups are meant to address financial matters, and judges may be more likely to throw out a prenup if personal clauses are included.
Like the previously mentioned clauses that promote divorce or restrict a spouse’s actions, having additional unfair terms could be seen as unjust or deceitful. If one spouse seems to have the upper hand in a prenup, the divorce courts could void the provisions due to exploitation.
To help avoid unfair terms in your prenup, ensure you and your spouse each enlist experienced legal counsel. Courts want to see that each spouse is represented by a different lawyer and that there are no conflicts of interest when negotiating a prenup.
It may seem obvious, but a prenup cannot include verbal agreements between spouses. A valid prenup must be a signed and notarized legal document that can hold up in a court of law. As such, neither party nor any legal entity can add provisions at will.
This means that prenups could require hardworking family law lawyers to continually negotiate and add clauses to a prenup agreement. Prenups are important documents and need thorough attention to not only secure your interests but is also remain fair in the eyes of the law.
For help with your prenup needs, contact the Moskowitz Law Group to discuss your situation. Meticulous attention preparing a prenup can help save stress later on in a marriage.