Prenuptial agreements help to clarify what people want during a marriage and also what they expect if they divorce. In most cases, prenuptial agreements reduce conflict during a divorce.
In some cases, couples attempt to include terms in prenuptial agreements that may actually undermine their usefulness if they eventually go their separate ways. The three inclusions below could raise questions about the validity of an agreement that could complicate divorce proceedings.
1. Clauses waiving child support
Child support is financial assistance due to the children, not the recipient parent. One parent typically cannot absolve the other of the financial obligation they have to their children.
2. Clauses waiving alimony universally
Spouses can agree to restrictions on when the courts may award alimony. However, they typically cannot agree ahead of time to completely eliminate the possibility of alimony if they divorce. Spouses do not know at the time of marriage if one of them might have a medical event that leaves them unable to work or another change in circumstances that could affect their financial independence.
3. Personal expectations
Prenuptial agreements sometimes include language regarding the appearance of the spouses or even their marital intimacy. Clauses prohibiting one spouse from gaining weight or requiring a certain frequency of marital intimacy are effectively unenforceable during divorce litigation and can raise questions about the validity of the agreement as a whole.
Working with an attorney to review the terms included in a prenuptial agreement can help spouses negotiate an agreement that strengthens their relationship and reduces the chances of a contested divorce, should one ever be necessary. Legal guidance can help to better ensure that an agreement is enforceable and offers adequate legal protection to both spouses.