What You Cannot Include in a Prenuptial Agreement
Prenuptial agreements can be extremely beneficial for couples about to enter into a marriage to establish certain ground rules for splitting debts, assets and other responsibilities. However, there are some items you may not include in a prenup. It is important to know these items before you sign your agreement.
Issues related to your children
You cannot predetermine issues such as child custody, child support or parenting/visitation time with a prenuptial agreement. Divorcing parents are absolutely capable of working together to determine how they will handle these issues through negotiation or mediation, but any arrangements they come to together must receive court approval before they can be implemented. They cannot be resolved in advance simply by using a prenuptial agreement. Judges may then modify those agreements to ensure they are in the best interests of the children.
To that end, you shouldn’t bother attempting to settle issues related to children in your prenuptial agreement — that agreement would be immediately rendered invalid if a divorce were to occur.
Spousal duties and tasks
Prenuptial agreements may include provisions regarding which spouse will be responsible for certain chores or some duties not related to finances. However, there cannot be any clause that requires spouses to complete certain functions or tasks. You are free create your own premarital agreement with your spouse indicating specific responsibilities, but know that it will not be enforced by the courts.
For further information on what a prenuptial agreement can and cannot do for you, speak with a knowledgeable Long Island family law attorney at Bryan L. Salamone & Associates.