Here is the conclusion to our three-part blog series What Can and Cannot Be In Prenups. While the first two parts of this blog series focused on detailing some of the provisions that can be included in prenups, here we will point out some of the matters that can NOT be included in prenups.
Here’s What Can NOT Be in Prenups
While prenups can be tailored to cover various matters and issues, here is what these contracts cannot typically include:
- Terms regarding unlawful actions – Provisions pertaining to unlawful actions or matters will not be upheld by the courts and could even run the risk of having an entire prenup agreement be invalidated.
- Terms regarding child custody, alimony and/or child support obligations – Any provisions of a prenup that deal with custody (or visitation) and any spousal or child support in the event of a divorce will not be upheld by the courts.The reason for this is that the court reserves the right to rule on these issues if or when a couple does divorce. Similarly, if a divorce is ultimately pursued by a couple, then the court will need to consider various aspects of the family and financial situation at the time of the divorce in order to make fair (or “equitable”) rulings regarding custody and support payments.
Therefore, do not include any provisions in prenups for these items. They won’t hold up later in court, and they could cause the entire prenup agreement declared to be invalid.
- Terms that pertain to personal, rather than financial, matters – While prenups can deal with all sorts of financial issues that can arise between married couples, they cannot dictate the terms of more personal matters.For example, prenups cannot outline who must take care of the children, where holidays will be spent or even the people who a spouse can or cannot have relationships with. Such personal provisions of prenups can again constitute reasons to get these terms – or entire agreements – thrown out.
There are various other issues or elements that should not be included in prenups, and knowing what these are as you are developing these agreements is critical to ensuring the validity of them. Consequently, make sure that your consult with one of the trusted Denver family lawyers at Goldman Law, LLC when you are ready to put together comprehensive prenups.
Denver Family Lawyers at Goldman Law, LLC
If you are going through a divorce or dealing with any matter related to family law, the trusted Denver family law attorneys at Goldman Law, LLC are ready to stand up for your rights and help you resolve your case as favorably as possible. At Goldman Law, LLC, we know how contentious and distressing family law issues can be, and we also know how to fight for our clients’ in any legal setting.
To learn more about your rights and receive a professional case evaluation, contact us by calling (303) 656-9529 or by emailing us using the contact form on this page. From our offices in Denver, we serve clients throughout Colorado.