Prenuptial agreements can be very valuable, especially for splitting up assets or protecting them from a divorce. If you are far wealthier than your spouse or if you are a business owner, you may want to use a prenup to protect the assets that are yours so that you don’t lose them in property division.
However, this doesn’t mean that you can do anything at all with a prenuptial agreement. Here are some examples of prohibited activities.
1. Dividing child custody rights
Child custody rights have to be split up during the divorce itself, whether the two of you come to an arrangement on your own or if you need a child custody ruling from the court. But you can’t make these decisions in advance without considering the child’s best interests.
2. Frivolous personal matters
Additionally, your focus shouldn’t be on things that a court might find frivolous, such as the allocation of chores during the marriage or other personal preferences. You’re simply supposed to be addressing financial details to aid in the property division process if you do get divorced.
3. Encouraging divorce
Finally, the prenup shouldn’t be written in such a way that it encourages you to get divorced. Say that you marry a wealthy spouse, but draft a prenup saying that you get half of their money in the event of a divorce. Would this encourage you to file for divorce because you had a financial incentive to do so?
Prenups can be very useful, but must be drafted properly. Be sure you know exactly what legal steps to take.
