When a couple sits down to work out the terms of a prenuptial agreement, they typically focus on such things as property division, estate planning, inheritance and even debt liability. Of course, these are all critical items and should be part of a well-written prenup. But it’s also important to understand what kinds of things cannot be part of a prenuptial agreement.
For example, any prenup terms that pertain to child custody or child support will be struck down by the court. Such issues are strictly determined by the court’s opinion of what is in the best interests of the child.
Likewise, a prenup should not contain a waiver of alimony rights. Some states strictly forbid such provisions, while others place limits on the degree to which alimony rights can be waived.
You also cannot include items of personal rather than financial concern. That is, you cannot place conditions on behavior or domestic activities. Should a judge encounter such stipulations in a prenup, he or she may regard the document as frivolous and may simply set it aside.
A prenuptial agreement could be nullified in a court of law if it contains impermissible items. As such, it is in your best interests to make sure that your prenuptial agreement is acceptable in the eyes of the law. You can best ensure that the terms of your prenuptial agreement will be carried out by seeking the advice and guidance of an experienced Texas family law attorney.
An attorney who is knowledgeable about prenups can help you craft an agreement that meets your needs. This could make things go much smoother should you have to use the agreement in the event of a divorce.