A prenuptial agreement, or prenup, is a contract made before marriage that outlines how finances and property will be handled if the marriage ends. While prenups are legally recognized, they must follow specific rules to be enforceable.
How can you make sure that your prenup is valid?
What can and can’t be included in a prenup
A prenup can cover property division, debt responsibility and spousal support. It can also address how income, real estate and business interests are handled during and after the marriage. Estate planning provisions are also common.
However, a prenup cannot include terms about child custody or child support. These decisions are always based on the best interests of the child at the time of separation. Personal lifestyle demands, such as appearance or household tasks, are also unenforceable.
When a prenup might be invalid
A prenup may be ruled invalid if one person was pressured to sign or didn’t have time to review it properly. Full financial disclosure is required. If one party hides assets or income, the agreement may be set aside. Unfair terms that strongly favor one side are also generally deemed invalid.
If a prenup is found to be invalid, the court will apply standard divorce laws to divide property and determine support. This could lead to very different results from what either party expected. A poorly prepared or one-sided prenup offers no real protection and may not hold up in court.
Taking care to follow proper procedures is crucial to making sure the agreement will be enforceable later on. You should also seek legal guidance before signing anything.
