If you are getting married in the near future, you may want to sign a prenuptial agreement. These legal agreements separate personal and marital property, and more and more people have started creating one before getting married.
In a survey conducted by the American Academy of Matrimonial Lawyers, more than half of attorneys who participated said they had seen an increase in 18 to 34-year-olds seeking a prenuptial agreement. If you intend to create one of these documents, there are certain things you cannot include.
Non-financial requirements
The purpose of prenuptial agreements is to separate your financial interests from those of your future spouse, so you cannot include any non-financial requirements for your marriage. For example, you cannot state that your spouse must maintain a certain hair color during your marriage.
Provisions for child custody and support
There are so many factors that go into a child custody or support decision, and they may be impossible to predict during your marriage. Although you should not include these stipulations for your future children in your prenuptial agreement, you may want to include provisions for children from a previous marriage.
Unfair terms
You cannot include any unfair or deceitful terms in your prenuptial agreement. For example, if your future spouse has an inheritance, you cannot dictate that he or she give this to you if you divorce.
With proper terms, a prenuptial agreement may help you prevent conflict during your marriage. One of these agreements can also help you protect your assets in case your marriage does end in divorce.
