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Prenuptial agreements: what you can and can't do

In our last post, we talked about prenuptial agreements and the reasons why a soon-to-be-married couple would consider having one involved in their marriage. One of the great benefits of prenuptial agreements isn't even the contract itself -- it's the conversation that a couple has when they consider a prenup. That conversation can bring critical issues to the table that can benefit their marriage whether they get a prenup or not.

Today, let's continue the conversation about prenuptial agreements with the start of a two-part blog series.

There are many things that you can include in a prenup, just as there are many things you can't include in the contract. One of the most important functions of the prenup is to protect your financial well-being in case of a divorce. This means you can protect your business, a family business, family assets and your estate plan via your prenuptial agreement.

In addition to this, you can define how property division works should you file for divorce. You can distinguish between separate and marital property, as well as detail what responsibilities each spouse will have over the course of the marriage.

In terms of what you can't include in a prenup, you obviously aren't allowed to place any provisions that are illegal, and you also can't make rules and provisions that would encourage a divorce. You also can't discuss anything regarding child custody or child support. Your right to alimony is also protected, so you can't discuss that in a prenup either.

In our next post, we will talk about what clauses and circumstances could lead to a prenuptial agreement being deemed invalid.

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