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Should a prenuptial agreement address personal matters?

On Behalf of | Aug 1, 2022 | Family Law | 0 comments

Your prenuptial agreement (“prenup”) is a valuable document to have since it can protect your assets in the event that you and your spouse decide to end your marriage. However, not all prenups meet the requirements of law. A judge may decide that your agreement sets requirements that are not fair for your spouse or are frivolous for a prenuptial accord.

A prenup with questionable provisions runs the risk of seriously delaying your divorce if a legal fight breaks out between you and your spouse. A prenuptial agreement could run into legal trouble if it addresses spousal issues that are too personal in nature.

Prenups are meant to address financial matters

The idea behind a prenuptial agreement is to resolve questions of what will happen to your property in a divorce. A prenup can designate property as marital or separate in nature. You can protect yourself from taking on debts owned by your spouse. A prenup can also describe how to divide your marital property, make estate plans for your children, provide for children from past relationships and more.

The inclusion of personal matters may endanger a prenup

Judges have the power to not enforce provisions in a prenup that are invalid, which can often include requirements that govern behavior. For example, some may attempt to use a prenup to establish personal or behavioral rules, such as which chores each spouse is responsible for, where to spend holidays and more. A judge could simply strike down the portions of the prenup that address personal areas, but in some cases, a judge can go as far as to invalidate the entire document.

Spouses may create a separate document to address personal matters if they so choose. The important thing is that you keep a prenuptial agreement free of questionable provisions so it can remain valid and divide your property in the manner you intend.