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Things That Can't Be Added to Prenuptial Agreements
Home » Divorce » Prenuptial Agreements » Things That Can't Be Added to Prenuptial AgreementsWhile there are countless provisions that can be added to prenups there are also some provisions that cannot be added or should be avoided. State law dictates what provisions can be included and what ones cannot be put into prenups. Adding issues that are against state regulations or ones that are illegal make that provision unenforceable and can also void the entire prenup making it entirely unenforceable. Listed below are some of the matters that cannot be added to prenups:
• Waiving The Right to Alimony: In some states individuals are prohibited from adding a provision in which one spouse gives up their right to alimony.
• Encouraging Divorce: This goes along with the provision that is commonly added to prenups stating who gets what if the couple divorces. While this provision is generally allowed in all states judges do tend to look closely as to whether the provision offers one spouse incentives for getting divorced.
• Agreements on Child Support, Custody, or Visitation: Prenups cannot have agreements in which future child support is given up or limited. Agreements about custody or visitation rights in the event of a divorce are also not enforceable in any state.
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