Prenuptial Agreements: What They Can and Can’t Do
Prenuptial agreements, often called “prenups,” are legal contracts signed by a couple before marriage. While prenups are sometimes seen as unromantic, they can actually help couples start their marriage with clear expectations and fewer misunderstandings. Knowing what a prenuptial agreement can and cannot do is key to deciding whether one is right for you.
What Is a Prenuptial Agreement?
A prenuptial agreement is a written contract that explains how certain issues will be handled if the marriage ends due to divorce or death. It is signed before the wedding and becomes effective once the couple is legally married.
Prenups are commonly used by couples who:
Own property or businesses
Have children from a previous relationship
Expect a large inheritance
Have significantly different income or debt levels
While prenups are often associated with wealthy individuals, they can benefit many couples, regardless of income.
What a Prenuptial Agreement Can Do
Prenuptial agreements are flexible, but they must follow state laws. Here are some of the most common issues a prenup can legally address.
Property Division
A prenup can clearly state which assets belong to each spouse and how property will be divided if the marriage ends. This can include homes, bank accounts, investments, and personal property.
Debt Responsibility
Prenups can outline who is responsible for certain debts, including student loans, credit cards, or business debts. This can protect one spouse from being held responsible for the other’s financial obligations.
Business Interests
If one spouse owns a business, a prenup can protect that business from being divided or disrupted in a divorce.
Spousal Support (Alimony)
A prenup may address whether spousal support will be paid, how much, and for how long. Courts often enforce these terms as long as they are fair and reasonable.
Inheritance Protection
Prenups can help ensure that children from previous relationships receive certain assets, even if one spouse passes away.
What a Prenuptial Agreement Cannot Do
While prenups can cover many financial topics, there are clear limits to what they can include.
Child Custody and Child Support
A prenup cannot decide future child custody or child support arrangements. Courts always make these decisions based on the child’s best interests at the time of separation or divorce.
Unfair or Illegal Terms
Agreements that are extremely one-sided or encourage illegal behavior are unlikely to be enforced.
Personal or Lifestyle Rules
Prenups should not include personal rules about chores, appearance, or behavior. These terms are usually unenforceable.
Signed Under Pressure
If one spouse was pressured, threatened, or rushed into signing the agreement, a court may invalidate it.
Requirements for a Valid Prenuptial Agreement
For a prenup to be enforceable, certain legal standards must be met. These often include:
Full and honest financial disclosure by both parties
Voluntary agreement without coercion
Fair and reasonable terms
Proper execution according to state law
Both parties should also have enough time to review the agreement before the wedding. Signing a prenup days—or even hours—before the ceremony can raise red flags in court.
Do Both Spouses Need Their Own Lawyer?
While it may not always be required, having separate legal counsel is strongly recommended. Independent attorneys help ensure that both spouses understand the agreement and that no one is being taken advantage of.
Working with an experienced family law attorney, such as those at Chicklo Law Group, can help make sure a prenuptial agreement is properly drafted and more likely to hold up in court.
Are Prenuptial Agreements Only for Divorce?
No. Prenups can also play an important role in estate planning. They can clarify what happens to assets if one spouse passes away and reduce confusion or conflict among surviving family members.
In many cases, a well-written prenup actually protects the marriage by reducing financial uncertainty and preventing future disputes.
Final Thoughts
Prenuptial agreements are not about planning for failure—they are about planning for clarity. By clearly outlining financial expectations, couples can avoid costly and stressful legal battles later on.
However, prenups are legal documents with long-term consequences. Understanding what they can and cannot do is essential before signing. If you are considering a prenuptial agreement, speaking with a knowledgeable family law attorney can help protect your rights and your future.
A trusted legal team like Chicklo Law Group can guide you through the process and help ensure your agreement reflects your goals while complying with the law.