Information Your Attorney Does Not Want You To Include In Your Prenuptial Agreement
A prenuptial agreement offers numerous benefits to couples who disagree and decide to dissolve their marriage. For example, those with this document usually have an easier time sharing property and agreeing on different divorce issues. However, this type of agreement can only be helpful if it's legally binding. Besides, there are some family issues you cannot address in this document. Therefore, if you're planning to create a prenup, contact a family law attorney for guidance on how to draft one. They will advise you to exclude the following information that can invalidate your pre-marital agreement.
Your lawyer will ask you not to include children's issues in your prenuptial agreement because what you agree on might not be legally binding. More so, it is important to note that there are laws that parents should follow when creating documents highlighting children's issues. Further, these regulations indicate how partners should agree on a fair child support payment, depending on the number of children and their requirements. As such, you cannot make these decisions if you do not have kids. Instead, talk to your attorney about the document you can use to address your kid's issues and when you need to create them after marriage.
Couples have different opinions on how to handle financial matters after divorce. For example, some people do not wish to support their partners financially when they dissolve their marriage. Therefore, they decide to write this when preparing their pre-marital agreement. However, it is important to note that you cannot use a prenup to prevent your partner from demanding spousal support when you dissolve your marriage. Therefore, your lawyer will advise you not to include this information in your prenuptial agreement because the court might deem the provision void.
Provision Regarding Duties
You can also not include details of who will be responsible for supporting the family in your pre-marital document. This is because you and your partner have a joint obligation to provide for the family. In addition, you and your partner will share debts equally when one of you or your child falls sick. You will also share rental costs if you live in one apartment and the cost of purchasing items that will benefit both of you. Therefore, you need to speak to an attorney to ensure you don't indicate shared responsibilities in your document.
As you can see, there are limitations on the information you cannot include in a prenuptial agreement. Therefore, if you're planning to create one, talk to an attorney to know what you should and not include in your document. Your family lawyer will also review your pre-marital agreement after drafting it to ensure that it meets the required threshold before you and your partner sign it.
For more information, contact a local family law attorney.