3 provisions you must never include in a prenuptial agreement

3 provisions you must never include in a prenuptial agreement

On Behalf of | Oct 13, 2022 | Prenuptial And Postnuptial Agreements

More and more people are signing prenuptial agreements before entering into marriage. And there is a valid reason for this: more and more marriages are likely to end in divorce. A prenuptial agreement can protect each party’s interests and how marital assets will be divided should the marriage come to an end.

While a prenuptial agreement may be beneficial in a number of ways, it is important to understand that you cannot have anything on it. In other words, certain provisions do not belong in a prenuptial agreement. Here are some of these provisions.

Incentive for divorce

A prenuptial agreement is designed to define what will happen (especially to the marital assets) should the marriage end in a divorce. As such, it should never contain provisions that encourage either party to pursue divorce. If this happens, the provisions in question can be deemed as a direct impetus for a divorce and can lead to the invalidation of the entire agreement.

Illegal provisions

While this ought to be straightforward, it is not uncommon for some people to include terms that clearly contravene the law in their prenup agreements. For instance, you cannot include provisions that require either party to engage in illegal activity. For a prenup to be valid, it must comply with local, Texas and federal laws.

Non-financial provisions

A prenup is intended to address what will happen should your marriage come to an end. As such, it cannot contain non-financial provisions. You cannot use the prenup to set ground rules for how your marriage will work. For instance, you cannot stipulate how you will raise your children, share domestic chores or address marital disputes in the prenup.

A prenup offers several benefits. Find out how you can write a prenuptial agreement that will safeguard your rights and interests should something happen to your marriage down the road.