How to Make a Prenuptial Agreement?

Learning how to make a prenuptial contract is an essential step in securing your future. A prenuptial agreement can include a variety of clauses, such as Specified period clauses, infidelity clauses, and spousal support provisions. It will help protect your interests, as well as those of your children from other relationships.

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Infidelity clauses in prenuptial agreements 

Infidelity clauses in prenuptial contracts are not a good idea. This type of clause is ill-conceived and should be avoided. Infidelity is generally a personal matter and the ramifications vary from situation to situation. For example, one woman wanted to double her alimony if her husband cheated on her. Both of these women ultimately decided to scrap their prenuptial contracts. 

Prenuptial agreements should not include an infidelity clause unless the parties agree on a clear definition. The definition of adultery is very difficult to determine and can include anything from flirting to physical contact. Therefore, it is important to agree on what constitutes adultery and the measures a spouse must take to prove unfaithfulness before a divorce can be granted. 

Before drafting a prenuptial agreement, couples should research the laws of the state where they intend to reside. The law of each state varies and an infidelity clause in a California prenuptial agreement may be invalid because it violates state policy. For example, courts in California have held that an infidelity clause in a prenuptial agreement is unenforceable because it contradicts the state’s policy that favors no-fault divorces. 

Specified period clauses 

Specified period clauses in a Prenuptial Agreement can be useful in limiting a spouse’s rights to assets. These clauses often come into play during a divorce, where one party can receive more than their fair share. Some couples include these clauses as leverage during the divorce process, in which case they may trade these provisions for more reasonable divorce terms. However, this type of clause may not be practical in some states. 

If you are considering including such clauses in a Prenuptial Agreement, you must know the potential ramifications of doing so. Most lawyers discourage their clients from including these clauses in their premarital agreements. 

Including spousal support clauses 

If you and your future spouse are considering divorce, you may want to include spousal support clauses in your prenuptial agreement. This can be beneficial in many ways. For one thing, it allows you to protect your future income by limiting or even waiving your alimony rights. It can also limit how much money you pay as alimony. 

If you intend to include spousal support clauses in your premarital agreement, you should do so well in advance. It is crucial to understand the different ways the courts view these types of agreements and to get an attorney’s opinion before signing. If your agreement is vague or has unenforceable clauses, the court may scuttle the whole thing. 

Another popular option is to include lifestyle clauses in your prenuptial agreement. These clauses may help address a couple’s concerns about their children, their job, or their home. These clauses will ensure that each party’s interests are protected.