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Items that cannot be included in a prenuptial agreement

by | Jun 14, 2018 | Property Division

Putting together a prenuptial agreement prior to your marriage in Oneida, New York, can do wonders for your stress levels. If you enter a marriage with a variety of assets, such as real estate, a high income and jewelry, you should absolutely sign a prenup to protect yourself. There’s nothing like having to fight for what you earned as an individual when your marriage fails and you wind up getting a divorce.

A prenuptial agreement will never be allowed to include clauses about payment of child support or how child custody will be handled. These are issues that must be decided at a later time by a court. The support for the child is determined by the court based on the best interests of the child.

Prenuptial agreements cannot include clauses that offer some sort of financial reward for filing for divorce. That’s why a judge will review your prenup with a comb to ensure there is nothing like this in it. This means you cannot have any provisions in the document that discuss the division of property.

Someone who signs a prenuptial agreement cannot waive his or her right to alimony in the document. Alimony is support paid to one spouse by another after the couple has their divorce agreement approved by the court. Judges will deny prenuptial agreements that have this type of clause in them.

As you can see, there are some items that cannot be included in a prenuptial agreement in New York. Make sure you know these items ahead of time so there are no surprises when sitting down at the table at your attorney’s office.

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