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Are there things that you can’t include in a prenup?

On Behalf of | May 28, 2021 | Uncategorized

New Jersey residents who want to protect their financial well-being in the event of a future divorce may ask their soon-to-be spouse to sign a premarital agreement. Also referred to as a prenuptial agreement, this type of agreement helps to protect a person’s wealth and other aspects of their life in the event of a divorce. However, it’s vital to realize that there are some things that you can’t include in prenuptial agreements.

Illegal actions

Under no circumstances can premarital agreements specify anything illegal. If you include anything illegal in your prenuptial agreement, it can result in the entire legal agreement being considered illegal. It’s best to avoid any sort of mention of illegal activity in your prenuptial agreement.

Child support and custody

One big shock to many that sign a prenuptial agreement is that you may not include anything regarding custody of children or child support. The child custody court gets the final say in regards to who gets custody and who pays child support, if any, after the marriage is dissolved. All of these decisions by the court are made in regards to the best interest of the child. This can only be determined at the time that the divorce takes place.


Many people try to include the provision that their partner will not be entitled to alimony in the event that they get a divorce. This is not legal to include in a prenuptial agreement. Rather, alimony may only be determined by the judge at the divorce court.

Prenuptial agreements are a great way to protect personal assets and your financial future in the event of a divorce. However, it’s imperative to realize that certain provisions may not be included in a prenuptial agreement. It’s best to contact an attorney to construct a prenuptial agreement to ensure that it’s completely legal before signing it.