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3 mistakes to avoid when drafting a prenuptial agreement

On Behalf of | Aug 10, 2021 | High-net Worth Prenuptial And Postnuptial Agreements |

Couples will often draft a prenuptial agreement before getting married to prevent future disputes. Couples do this in anticipation of foggy memories or blended finances causing debates about who brought what into the marriage years before. Unfortunately, many couples make mistakes when creating this document that can ultimately cause additional harm.

While every situation is different, there are three main factors to avoid when drafting a prenuptial agreement:

  • Provisions for custody and support: Couples might think they can help avoid future disputes by coming up with plans centering on custody and support. Unfortunately, the court will want to look at the current circumstances when determining what is in the best interests of the children after a divorce.
  • Inducements for divorce: Many times, one party might attempt to help when it ultimately hurts the document. The individual might try to make things easier if divorce becomes a reality by offering either an amount for spousal support or a waiver of alimony.
  • Lifestyle provisions: Whether it is an attempt at humor or a lighthearted discussion about their future together, a couple will often include lifestyle provisions in the prenuptial agreement. These provisions can include scheduled intimacy, allowable weight gain or even a list of acceptable vacation destinations. The court will likely invalidate these provisions.

The prenuptial agreement is a legal document designed to clarify ownership of various assets and debts prior to marriage. From physical assets such as a home, digital assets such as an online business, and retirement accounts, a couple can specify numerous items. Unfortunately, many couples attempt to reach beyond the scope of what is allowed in the document.