Clauses Can Be Part of a Prenuptial Agreement
Using a prenuptial agreement to protect your future property can help you avoid a long battle over property and assets in divorce. However, you should never sign an agreement without the assistance of an experienced attorney. The agreement must be legally valid and adhere to the law. If you don’t, the court may rule against the contract. Here are the most common clauses you may want to include in your prenuptial agreement:
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There are a few more specific clauses you can add to your prenuptial agreement. These clauses should be carefully drafted and are often deemed unenforceable in some states. These clauses are designed to incentivize certain behaviors. Typically, these clauses are aimed at in-law visitation, alcohol or drug abuse, or sexual habits.
The most commonly used lifestyle-specific clause is the infidelity clause. This clause is notoriously difficult to enforce and many judges shy away from ruling on it. These clauses may also be used to incentivize other types of behavior.
Other lifestyle-specific clauses can also be included in a prenuptial agreement. These clauses address a number of different issues, such as the spouse’s religious upbringing of children, the spouse’s educational upbringing of children, and the spouse’s upbringing of children from a previous relationship. These clauses are only enforceable if they are clearly outlined in the agreement.
A carried debt clause is another example of a clause that can strengthen a marriage. It can specify that both parties have a responsibility to repay a debt. This can be in the form of a “gift” or reimbursement.
A clause addressing the distribution of property after death is also a common inclusion in a prenuptial agreement. It can also cover the division of life insurance benefits. Other provisions in a prenuptial agreement can include the division of household expenses. This can include paying for everyday living costs, the mortgage, and household bills.
In some cases, a clause can be included that provides money for the less wealthy spouse each year of marriage. This type of clause can be useful in ensuring that a financially weaker partner is adequately compensated in a divorce. The amount can be up to $250,000 if the couple is divorced after five years of marriage.
The most important thing to remember when drafting a prenuptial agreement is to ensure that it is enforceable. If the judge finds that the terms are unenforceable, the prenup can be tossed. This can happen for a variety of reasons, including improperly drafted provisions or unfair provisions. It can also be invalidated if you mislead a prospective spouse.
Another popular clause is the sunset clause. This is a clause that gives a lump sum of money to the less wealthy spouse every year of the marriage. This is usually included to protect against short-lived marriages. A sunset clause is only enforceable if it is included in a clear and specific manner. It will also need to be backed up by a compelling argument.