What Cannot Be Included on Your Prenuptial Agreement?
Although a prenuptial agreement is an excellent approach to minimizing conflicts in the event of a divorce or a legal separation, it is absolutely essential for it to be designed in such a way that it is eligible for enforcement by the state court. The state laws have imposed restrictions on the inclusion of certain aspects of a marriage or related issues, which would otherwise render the agreement as invalid or unenforceable.
Provisions that specify anything illegal
All the states restrict you from mentioning any illegal provision that stands against public policy, in your prenuptial agreement. In the event of a failure to follow this guideline the entire agreement falls at the risk of being completely nullified.
Instruction for child custody, visitation or support
A prenuptial agreement cannot include the details of child support, visitation or custody related issues. In the event of a divorce, it is the right of the court to evaluate and announce the final settlement in such matters, by keeping the best interests of the child in mind. The court will not, under any circumstance, take into consideration the provisions of a prenup in deciding a child’s custody, visitation or support settlement and will announce the verdict at its own sole discretion.
Waiver of spousal support or alimony
The California state laws limit an individual’s right to modify or waiver spousal support by means of a prenuptial agreement. The implication is that you cannot mention provisions completely denying your obligation of providing alimony or support to your partner, if you decide to separate from him or her.
Intentionally encourage divorce
If the court of law is able to establish that the provisions of a prenuptial agreement have been intentionally designed to promote or encourage a divorce or a legal separation, the court will render the agreement unenforceable. A court cautiously scrutinizes all the aspects of a prenuptial agreement in order to prevent any intentional divorces, which have been pre planned for gaining personal financial incentives out of a property division.
Guidelines about non-financial aspects of the relationship
Specific provisions that outline the relationship duties of a marriage are better dealt with separately and should not be mentioned on your prenup agreement. For example, you cannot list the division of household responsibilities, agreements of having and raising offspring or your relationship with the step children or in-laws on a prenup. Such non financial issues are not held binding in a court of law.
For more information about premarital agreements in California, contact The Maggio Law Firm at (949) 553-0304.
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