Question By: A prenuptial agreement, often referred to as a "prenup" or "premarital agreement," is a legal document that couples sign before getting married. Its primary purpose is to outline the distribution of assets, debts, and other financial matters in the event of a divorce. While prenuptial agreements offer couples a degree of flexibility and control over their financial futures, there are certain limitations on what can be stipulated in these contracts. Explore what cannot be included in a prenuptial agreement.
1. Child Custody and Support:
One of the fundamental limitations of a prenuptial agreement is its inability to address child custody and support arrangements. Courts prioritize the best interests of the child, and any attempts to predetermine custody or child support in a prenup are generally considered void. Family law courts reserve the right to make decisions based on the current circumstances at the time of divorce.
2. Unconscionable Terms:
Prenuptial agreements must be fair and reasonable. If a court determines that a provision in the agreement is unconscionable – meaning it is grossly unfair or oppressive – it may be deemed unenforceable. This includes provisions that may leave one spouse destitute or significantly disadvantaged.
3. Violation of Public Policy:
Certain stipulations that go against public policy may not be enforceable in a prenuptial agreement. For example, any provisions that encourage illegal activities or attempt to waive rights to spousal support in the case of abuse may be deemed unenforceable.
4. Personal Behavior Clauses:
While prenuptial agreements are primarily financial instruments, some individuals may attempt to include clauses that dictate personal behavior, such as weight gain, appearance, or lifestyle choices. Courts are likely to reject such clauses as they infringe on personal autonomy and can be seen as invasive.
5. Waiving Child Visitation Rights:
Similar to child custody, attempting to waive visitation rights in a prenuptial agreement is typically unenforceable. Courts prioritize the relationship between parents and children, and agreements that attempt to limit or eliminate visitation rights are likely to be set aside.
Their Chicago Prenuptial Agreement at Gordon & Perlut, LLC is experienced in drafting these critical agreements and can advise you. For more information, visit: https://familylawadvocate.com/what-cannot-be-stipulated-in-a-prenuptial-agreement/
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