Prenuptial agreements have been around for a while. However, there has been a drastic increase in the number of engaged couples seeking them out in recent years. Millennials appear to be more conscious of the possibility of divorce, and they have driven the surge of prenups.
Prenups are incredibly useful, but there are limitations. While no one wants to think of divorce before marriage, it is vital to remain aware of the risks. People can be ready just in case, and that includes knowing what items cannot go into a prenup.
1. Information about child support and custody
A prenup should include information about a couple’s financial information. It can state how much alimony the higher earning spouse will provide the other. These agreements cannot state which parent gets majority custody. Most of the time, that is up to the discretion of the court. Judges emphasize whatever arrangement is in the best interest of the child, so one parent cannot abandon the child financially through a prenup.
2. Provisions that incentivize divorce
Divorce should never be the active endgame for any marriage. However, some provisions will incentivize a spouse to leave under certain conditions. If such a provision is present in the agreement, then it is possible the judge will throw the entire document out. In this instance, the prenup becomes the impetus of divorce.
3. Provisions that treat one spouse unfairly
Many couples merely use a prenup to state how much alimony one spouse receives. In the event both spouses make a similar amount, they could state in the prenup that alimony is not necessary. However, if one spouse makes substantially more than the other, then he or she would be unable to get out of alimony entirely. The court will make sure both spouses can support themselves regardless of what the prenup says.