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What can and cannot be in a prenup

On Behalf of | Sep 1, 2018 | Divorce

Engaged couples in Pennsylvania might naturally want to focus their energies on planning their wedding and honeymoon but smart couples will also look beyond that and focus on planning their lives beyond the wedding. Part of doing this involves looking at some of the challenges they may encounter, including even a potential divorce. This exercise can force people to talk about difficult topics that they may otherwise avoid but that can help them in the long run.

Couples who choose to create a prenuptial agreement must certainly have these conversations. Business Insider indicates that anyone getting remarried can benefit from a prenup and so can partners who have businesses or other assets they need to protect.

When looking at the terms to be included in a prenuptial agreement, it is important to know what can and what cannot be included in this marital contract. As explained by Mortgage Calculator, a prenup can provide details of alimony to be paid but cannot legally outline any provisions for child support. Child custody or visitation terms are also not allowed to be part of a prenuptial agreement.

While some people may have tried, including stipulations about a person’s hair color, weight or other lifestyle matters or provisions about vacations, relative’s visits and other such matters are not to be part of a prenuptial agreement. Putting these in a contract may actually invalidate the prenup. Terms in these contracts should always be reasonable, fair and legal. They should focus on the assets and debts of each party.


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