What Should NOT Go In Prenup/Photo by cottonbro from Pexels
For what SHOULD go in a prenup, click here.
Every State is Different
Please note – the law differs from state to state. Check with an attorney in YOUR state.
Child custody after divorce or separation is always determined “in the best interests of the child”. As such, you cannot negotiate these beforehand in a prenup.
Parties also cannot pre-determine child support. Waivers of child support, unlike spousal support, are not permissible in a prenup.
Contrary to popular belief, clauses regarding lifestyle (religion, mandatory sex every night, gaining weight) are NOT enforceable. You can certainly put these in, but they will not uphold a challenge.
Some people put these in. I don’t think these will uphold a challenge. However, most of the time, the person who cheats isn’t going to challenge a prenup and admit to the public they cheated. (I could be wrong). These days, a popular trend is the social media cheating clause in prenups.
You can put these in, but be forewarned – they may not be enforceable.
If it’s illegal by law, putting it in a contract like a prenup doesn’t make it anymore legal. Don’t do it.
Anything “Promotive” of Divorce
Don’t put in any clause that would and could provide incentive for divorce. For example – “I’ll pay you one million dollars after one month of marriage.”
This is common sense. It’s also not enforceable.
I’ve seen a lot of weird clauses in prenups.
“Adam has expressed concern that if Eve terminates their relationship, he will no longer enjoy the fruits. To address these concerns, Eve agrees she will, despite the termination of their relationship, help Adam in securing a romantic relationship with someone with equal or greater physical and spiritual beauty as Eve.”
The clause basically says if they ever break up, Eve needs to find Adam a new girlfriend. Not just a girlfriend, but someone who is as beautiful physically and spiritually as Eve.
Always insert a severability clause in your prenup. If one section of your prenup is thrown out, the rest of your prenup will remain valid.