What Should Be Included in a Prenuptial Agreement? 

A prenuptial agreement can help a couple define their marital responsibilities. This document can outline how the couple will handle money, credit, investments, and work and income expectations. While this document can’t include financial issues like child support, it can be a helpful guide to marital responsibilities that may arise in the future. 


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Can’t include child support 

A prenuptial agreement cannot include any provisions relating to child support or custody. These provisions are governed by the laws of each state and should not be included in a prenup. The parties should consult with a family law attorney who can draft a prenuptial agreement. 

Prenuptial agreements may include other terms, such as property division. For example, one spouse may be entitled to rent the beach house, while the other spouse may lease it. They can also address spousal support. Spousal support can be long-term or short-term, or it may even be eliminated. They can also address life insurance benefits and many other issues. 

Can’t include unconscionable clauses 

If you want to include certain clauses in your prenuptial agreement, be careful. These clauses can be deemed unconscionable, which will result in the entire agreement being invalidated. Unlike premarital agreements, which are considered fair and balanced, prenuptial agreements can be void if they are unfair or leave one spouse financially vulnerable. 

To be valid, a prenuptial agreement must be entered into voluntarily, and without coercion. This means that the parties must have the agreement reviewed thoroughly, including by legal counsel. Many couples spend months planning their weddings and signing documents, but they might not have taken the time to make sure they’re legally sound. If a judge finds that the clauses are unconscionable, the prenup will be invalidated. 

Can include financial obligations 

Before entering into a marriage, it is a good idea to have a prenuptial agreement spelled out exactly what each spouse’s financial obligations will be during the marriage. These financial obligations can include filing taxes, paying household bills, owning checking and savings accounts, taking care of children, and estate planning. These agreements can also address issues like support and education for children. 

To create a prenuptial agreement, the couple must first determine the value of their assets. They should include both current values and good faith estimates. The disclosure should cover all of the parties assets and liabilities. 

Can include spousal support 

Prenuptial agreements are legal agreements between two people that can set limits on the amount of spousal support payable to each party during a divorce. They can also set out the duration of spousal support. These agreements have to be reasonable and do not violate public policy. 

Prenuptial agreements can also include provisions for maintaining separate accounts and commingling separate property and investments. This gives the parties more control over their marriage and finances. In a way, they are similar to estate plans and trusts. The purpose of the prenuptial agreement is to provide each party with control of their assets during their joint lives and after their deaths. 

When should it expire 

The answer depends on how you look at your premarital agreement. It may be a long-term commitment, or it might be a one-time commitment. Regardless, it will probably have an expiration date. For example, a prenuptial agreement might end five years after the marriage. When this happens, your assets and liabilities will be distributed according to state law. 

In some cases, couples may want to extend their prenuptial agreement, especially if they have significant assets. However, some couples may want to test their marriage first and see if it will work out. In such cases, a sunset clause may be useful. It will let both parties test the marriage without exposing them to significant financial risks.