Prenuptial agreements are marital contracts that establish expectations for engaged couples and protect them from the potential devastation of litigated divorces. Couples typically work with lawyers while negotiating the terms of a prenuptial agreement and reviewing the document before signing it.
In some cases, engaged couples make the mistake of demanding terms that may undermine their agreement and could trigger complications if they ever divorce. What types of terms should couples avoid including in prenuptial agreements?
1. Financial support waivers
Engaged couples can agree to limit alimony or spousal support in certain scenarios. However, they generally cannot agree to a blanket prohibition on a request for alimony in a prenuptial agreement. Additionally, neither parent can waive child support obligations, as that is a financial responsibility due to the child, not technically to the recipient parent.
2. Deeply personal details
Some of the most notorious celebrity prenuptial agreements have included unenforceable provisions about weight gain or one person’s appearance. Couples should avoid attempts to micromanage the relationship through a prenuptial agreement. The more unenforceable clauses they include in the contract, the greater the risk of litigation related to the agreement later.
3. Terms solely prioritizing one person
It is relatively common for prenuptial agreements to be imbalanced and therefore potentially unconscionable. Contracts generally need to offer something of value to both signing parties. Creating an agreement that solely focuses on the protection of the separate property or income of one spouse could lead to the courts invalidating the document later.
Spouses may need assistance as they review a prenuptial agreement or identify terms that protect them when they combine their lives. Working with a family law attorney can help spouses ensure that their prenuptial agreements are valid and enforceable.