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Include this, avoid that: the ins and outs of prenups

Last Saturday we wrote a post on prenuptial agreements and how a divorcee could successfully challenge such a contract. Some people think prenups can't be challenged, but to the contrary, there are plenty of circumstances where a challenge to a prenup could be successful.

Today, we want to talk a bit more about prenuptial agreements. More specifically, let's talk about the things you can include in a prenup and the things that you can't.

First, let's address the positives. When you draft a prenuptial agreement, there is a host of issues you can discuss. For example, if you have a family business that you want to protect, that can be addressed. You can include provisions that address your spouse's debts, as well as making accommodations for children from another marriage. You can also include language in reference to marital duties, as well as separate and marital property.

Now for the negatives. You can't discuss anything illegal in your prenuptial agreement. You also can't discuss a number of critical divorce topics, such as child custody, child support or your right to spousal support (alimony). Additionally, you can't have provisions in your prenuptial agreement that would encourage divorce.

Prenuptial agreements are important. But there are plenty of rules and complicated situations that can arise as a result of prenuptial agreements. Whenever they are involved in complex divorce litigation, you should consult with an attorney to ensure that your interests are being upheld.

Source: FindLaw, "What Can and Cannot be Included in Prenuptial Agreements," Accessed June 14, 2017

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