Provisions That Should Not Be In Your Prenuptial Agreement

Posted on: 7 October 2016

A prenuptial agreement is a legal document that is signed by you and your spouse before you form a legal union. Although most people view this document as a way to protect assets, it actually can be quite beneficial to both parties. This is because it stipulates what is expected from each spouse and this can invariably solidify the union. Nevertheless, it is prudent to ensure that your prenuptial agreement is looked at by a lawyer before you sign it. This is because there may be clauses hidden in legal jargon that could end up adversely affecting you in the event of dissolution of the union. Additionally, prenuptial agreements do not allow for anything and everything to be included in them. The following are some of the provisions that should not be in your prenuptial agreement.

Provisions stipulating child custody and child support

Granted, one of the main concerns former spouses will have when they dissolve their union is how the children will be cared and provided for. Nevertheless, this is not a decision that can be made before you enter into marriage. Issues pertaining to the amount of child support that should be paid and by whom should be left to be decided by the court. This is because the court will have to go through evidence to establish what decision would be best suited to the interests of the child.

Additionally, you cannot stipulate in your prenuptial agreement who will get full custody of the children. This also has to be determined by the court after they have assessed what living conditions would be provided by each spouse, as well as whether they would be better suited at physically caring for the children.

Waiving any rights you have to alimony

Another provision that should not be included in your prenuptial agreement is choosing to waive your right to alimony payments. It should be noted that alimony payments are not automatically the responsibility of the husband. In this day and age where there is equality in the workforce, more and more women are earning more than their spouses. As such, it would be up to the court to decide who has expendable income and subsequently who would be eligible to receive alimony payments.

Another thing to keep in mind is that financial responsibilities may change over the years. You may have gotten into the marital union as the primary provider, only to either lose your job or perhaps become unable to work. Overall, neither spouse should waive their legal right to alimony.