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What Are Examples of Things That Cannot Be Included in a Prenuptial Agreement?

 Posted on May 26, 2023 in Prenuptial Agreements

IL divorce lawyerWhile a useful tool in protecting assets and clarifying financial obligations in case of a divorce, a prenuptial agreement does not cover all aspects of a marriage. In fact, certain matters cannot be included in a prenuptial agreement as they are considered invalid under the law. Today, we will discuss what cannot be included in a prenuptial agreement. However, if you and your spouse are interested in signing a prenup, contact a family lawyer to start the process.

Examples of What Must Be Excluded from a Prenup

While excellent tools, prenups cannot be used for everything. For example, prenups cannot be used for:

  • Child custody and support - Once a child is involved, the court needs to consider the child’s best interests. Any agreement that pre-determines child custody or support would not be valid in court.
  • Illegal activities – Prenuptial agreements cannot be used for or promote illegal activities. For example, an agreement cannot be made to waive child support obligations or avoid tax laws.
  • Personal matters – Such as household chores or habits, would not be able to be included in a prenup. Marriage involves compromise and mutual responsibility, so while one person may not enjoy doing laundry and another may hate vacuuming, these matters are generally not considered under the jurisdiction of a prenuptial agreement. Furthermore, what a spouse’s behavior should be, their mortals, and social behavior, cannot be included in a prenup.
  • Incentives for divorce – While a prenuptial agreement can indeed specify the division of assets if the couple were to divorce, it cannot provide incentives for either party to file for divorce. Any agreement with provisions encouraging or supporting divorce would not be considered enforceable in court and can even be regarded as fraudulent.

Contact a Naperville, IL Family Lawyer

Ultimately, prenuptial agreements can be an important tool in marriage planning, but there are limitations on what can be included under the law. Speaking to an experienced family law attorney can help establish which matters are not likely to be included in the prenuptial agreement. When you meet with your attorney, make sure that you clearly state what your goals are by creating a prenuptial agreement. Upon hearing what you are looking to accomplish, your family law attorney will work with you to ensure that the prenuptial agreement includes things that are appropriate and legally binding. Contact the DuPage County family law attorneys with Calabrese Associates, P.C. for legal representation. Call 630-393-3111 for a private consultation.


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