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What cannot be included in a prenuptial agreement?

No Tennessee couple enters into a marriage with the intent of divorcing, but because the future is uncertain, it may be best for you and your future spouse to protect your own interests with a prenuptial agreement in the event that things do not work out the way you hope they do.

However, a prenuptial agreement cannot prepare for every possible eventuality. According to FindLaw, a valid prenuptial agreement cannot contain certain provisions. 

Personal matters

A prenuptial agreement only pertains to financial matters in the event of a divorce. It is not a way to pre-emptively settle marital disputes regarding personal details about where to spend the holidays or who does which chores on what days. A judge may strike down such an agreement on the grounds that it is too frivolous for the court to uphold.

Decisions regarding child custody or support

Regardless of whether you and your future spouse already have children together or are planning to start a family after you marry, you cannot include issues pertaining to child support or child custody in your prenuptial agreement. In the event of a divorce, determining custody arrangements and calculating child support is within the purview of the court, based on the best interests of the child or children.

A financial incentive to divorce

Society has an interest against divorce, and so the court tries to avoid encouraging it. Therefore, a judge will carefully scrutinize a prenuptial agreement to ensure that neither party stands to earn a profit from a divorce because that would represent a financial incentive.

Any illegal provisions

It may seem so basic as to go without saying, but your entire prenuptial agreement may be set aside if it includes anything illegal.

The information in this article is not intended as legal advice but provided for educational purposes only.

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