Prenuptial agreements have been in existence for many years. Long looked on as something only wealthy people do and met with derision and ridicule by the general public, such agreements have finally begun to have a better public opinion in recent years. Today’s couples have realized that prenuptial agreements can eliminate much of the financial tension and strain that can destroy a marriage and may ultimately make the relationship even stronger than without an agreement in place.
It is important to understand what a prenuptial agreement can and cannot do. Let’s explore some of the particulars below.
What a Prenup Can and Cannot Do
Prenuptial agreements, in general, cannot supersede the law. In other words, if an agreement attempts to enforce or impose something that is illegal, it cannot and will not be honored. Further, anything included in the agreement that is explicitly illegal may cause the entire agreement to be invalidated. In some cases, couples may try to include personal matters into the agreement, such as the personal marriage duties of one or both spouses. In these cases, the law has no bearing, and as such the agreement cannot be used to enforce those duties or other personal matters.
There are also several areas of the law that cannot be included in or enforced by a prenuptial agreement. A great example is that of child custody and support in cases of divorce. The contract or agreement cannot be used to predetermine terms of support or custody. Most state courts (including California’s) retain the right to make determinations on equitable custody and support arrangements in order to protect the children of a divorce.
Another example is to preemptively agree to give up alimony, palimony, or other financial incentives spurring a divorce. In several cases, couples have attempted to arrange some type of financial incentive or motivation after certain conditions were met and a specified period of time elapsed. Prenuptial agreements of this nature may be modified by the court, or may even be declared null and void.
Speak to an Attorney for More Details
It is critical to seek the help of an experienced family law attorney before embarking on the process of establishing a prenuptial agreement. The attorney can guide couples through the process, helping them create a lasting, valid, and legal document that will protect assets and preserve the relationship.