Protecting Individuals, Families And Children Every Step Of The Way

For More Than 20 Years
Home » Divorce » What should and should not be included in a prenuptial agreement?

What should and should not be included in a prenuptial agreement?

Most people who are planning to marry can benefit from establishing a prenuptial agreement. This is especially true for individuals who have a considerable amount of assets prior to marrying as well as those who have a stake in a family business. In order to ensure that the terms of a prenup are legally binding and, if necessary, will hold up in court; it’s important to turn to an attorney for advice and assistance.

For example, in addition to the inclusion of state-specific language, there are also certain provisions that should never be included in a prenup. For example, decisions related to child custody must be determined by the rules of a family court and should therefore not be included in a prenup. Additionally, such agreements are meant to deal primarily, if not exclusively, with financial matters. It’s never advisable, therefore, to include provisions related to personal issues such as a spouse maintaining a certain weight or each spouse’s responsibilities with regard to household chores.

In the eyes of the family court, “society has an interest against divorce.” Therefore, the inclusion of any language that appears to promote or somehow reward one or both spouses for a divorce will be highly scrutinized and ultimately denounced by a judge. It’s also important not to include details related to any type of illegal activities. Say for example that one spouse earns a considerable amount of money from drug dealing activities. Including details related to the distribution or sharing of assets derived from illegal activities should never be included in a prenuptial agreement.

When it comes to establishing a valid prenuptial agreement that fulfills an individual’s and couple’s needs, there are certain provisions that should and should not be included. Massachusetts residents who have questions about prenuptial agreements are advised to contact an attorney.

Source: FindLaw.com, “Top 10 Reasons a Premarital Agreement May be Invalid,” Dec. 11, 2015 

FindLaw.com, “What Can and Cannot be Included in Prenuptial Agreements,” Dec. 11, 2015

Archives

5 Star Reviews

A Superb Lawyer!

Lisa guided me through the divorce process and helped me obtain my desired outcome. Throughout the entire process, she helped make the process as painless as possible. Lisa is truly a super lawyer who will be an asset to anyone that utilizes her knowledge, experience, dedication and abilities!

– Eric E.

Successfully Settled My Case With Just One Court Appearance

My ex husband is an attorney and I knew I needed a top notch attorney on my side in order to secure a favorable outcome. In less than a month, from start to finish, Attorney Ruggieri successfully settled my case with just one court appearance.

– Carol K.

All Of The Online Reviews Of Attorney Lisa Ruggieri Are True!

All of the online reviews of Attorney Lisa Ruggieri are true! If you need top-notch legal advice to land you on your feet post-divorce, I would highly recommend the Law Offices of Lisa Ruggieri. Lisa is very knowledgeable and draws a strong line around defending and protecting her clients.

– Eugenia Z.

She Was Aggressive And Never Backed Down

I found Lisa through reviews and was not disappointed. Lisa and her staff were great! They were very supportive and explained everything. She was aggressive and never backed down, even when I wanted to settle. She always looked out for my best interest, even when I didn’t want to. I can’t recall a single debate she lost during the entire case. If I were ever in a similar situation again (which will not be anytime in the foreseeable future!), I would call Lisa.

– Erik T.