If you and your fiance agree that a prenuptial agreement is a form of protection you would both like to have when you get married, you want the document to be able to stand up in court. There are few inclusions in your prenuptial agreement that could make it easier for the courts to throw it out or your spouse to challenge it later.
Don’t use a prenuptial agreement to micromanage your personal life
Some people feel like marriage itself is nothing more than a contract and they want to ensure that they get exactly what they want from the relationship. Requirements for a certain number of intimate evenings with their spouse every month or penalties if one spouse gains weight may seem like a good idea to someone who has specific expectations for marriage. However, these are very personal preferences and wishes. Including them might lead to the courts not upholding the document later.
Don’t ask your spouse to let you off the hook for child support
Choosing to start a family is often a compromise. One spouse may want more children than the other, or the timing preferences for both may not quite a line. If you have already made concessions by agreeing to start a family or altering it your preferences for the size of the family, it might seem like asking for a child support waiver in the event of a divorce is only fair.
After all, on your own, you may not have had any kids or would have one instead of three. Although this sounds fair and reasonable to you, it won’t to the courts. Child support doesn’t go to the parent. It goes to the kids. A parent has no right to waive child support on behalf of their kids, and attempting to do so could invalidate the whole document.
Don’t create a contract that only protects one person
The benefit to both parties is an innate aspect of any contract. If you have all the protection and your spouse is the only one giving anything up, the courts may find the terms in the document unconscionable. Both spouses should be able to request certain concessions and protections in the document.
Getting help with what you include and what you don’t include in your prenuptial agreements will make it a better contract and set you up for success in your marriage, even if the marriage itself fails.