Albany Family Law Blog

What shouldn’t be included in your prenup?

Posted by Joanne P. Monagan, Esq. | Dec 17, 2020 | 0 Comments

By now, most people in New York are aware of the benefits of signing a prenuptial agreement. A prenup can help you divide your assets during a divorce without entering an expensive court battle. You can use a prenup to protect assets like properties, investments, savings accounts and more. But what are some items that you shouldn't include in a prenup? Here's what you should avoid listing in your prenup if you want to create a legally-binding document.

What should not be included in your prenup?

When you write a prenup with your attorney, never include any mention of anything illegal. Not only could this get you in trouble with the law, it could also make the entire document non-legally binding. As a result, you won't be able to use it when you file for divorce.

Additionally, you can't make any decisions about child custody or child support in your prenup. While it might seem wise to make these decisions ahead of time and avoid a lengthy argument, the judge has the final say in child support and child custody issues. Even if you and your former spouse come to an agreement, a judge can intervene if they think it's in the child's best interest.

You also shouldn't include any information about non-financial matters, like deciding how your child should be raised or who should complete household chores. If your prenup contains anything that's not related to your assets, the judge might throw out the entire document in court. For this reason, it's important to stick to your assets. Talk to your attorney if you're ever in doubt about what to include.

Do you need an attorney when you file for divorce?

Even if you have a prenup, an attorney might still be a valuable asset during your divorce. An attorney may help you negotiate for child support, child custody and other family issues. While the judge has the final say, your attorney could help you make a positive impression in court. Your attorney could also help you divide up the assets according to the prenup and negotiate for anything that wasn't included.

About the Author

Joanne P. Monagan, Esq.

Managing Attorney


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