What Can-and Cannot-be included in a Prenuptial Agreement

A prenuptial agreement can be a great way to set financial expectations and protect assets before marriage—but it has limits. Here's what you can and can’t include in a legally valid prenup:

What Can Be Included:

• Division of Property: Outline who keeps what in the event of divorce.

• Spousal Support: Set terms for alimony or waive it entirely.

• Debt Allocation: Decide who is responsible for which debts.

• Business Interests: Protect a business owned before marriage.

• Inheritance Rights: Clarify what happens with family or future inheritances.

• Financial Responsibilities: Detail how you'll handle joint accounts, bills, or large purchases.

What Cannot Be Included:

• Child Custody or Support: Courts decide these based on the child’s best interests.

• Anything Illegal or Unfair: Unconscionable terms or anything against public policy won’t hold up.

• Personal Matters: Rules about chores, appearance, or relationship duties usually aren’t enforceable.

Bottom line, a prenup can offer protection and peace of mind—but only if it’s done right. Stick to financial and legal matters, and consult with experienced attorneys to ensure your agreement is valid and enforceable.

Contact Bayside Law for a consultation today! Email kayla@baysidelawllc.com or         (251) 716.8318