While no one wants to discuss the possibility of divorcing their future spouse before they get married, it’s necessary to consider creating a prenuptial agreement, which allows you to set specific terms if the marriage should end. This contract between soon-to-be-married individuals is incredibly beneficial. However, certain limitations exist to what can be included in a prenuptial agreement. Please continue reading to learn what provisions you can and cannot include in a prenuptial agreement in New York and how a knowledgeable Nassau County Prenuptial Agreement Lawyer can help protect you from an uncertain future.  

What Should I Include in a Prenuptial Agreement?

First, a prenuptial agreement is a legally binding contract signed by a couple before marriage. This legal document is designed to protect each party’s financial interests and outline the terms of their divorce. Essentially, it stipulates who gets what in the event the marriage fails.

One of the most important provisions to include is distinctions about property division. New York is an equitable distribution state, meaning assets acquired during the marriage will be divided “fairly,” but not necessarily in an even 50/50 split. To avoid leaving the court with the decision of what happens to property attained during the marriage, a prenuptial agreement can distinguish which assets should be considered separate properties. You can also include provisions regarding each party’s debts. A prenutpial agreement can protect against your spouse’s debts, as credits can go after marital property even though only one spouse is the debtor. This contract can help limit your debt liability. Furthermore, you may be able to decide whether you’re entitled to alimony or not. However, the court will disregard these provisions if they believe they are unfair.

What Cannot be Included?

Unfortunately, specific provisions that may be beneficial cannot be incorporated into prenuptial agreements. Generally, a prenuptial agreement cannot include child support or custody issues. The court has the ultimate jurisdiction when determining the amount of financial support and deciding which custody arrangement is appropriate given a family’s circumstances. This is because the court follows the “best interest of the child” standard to protect a child’s well-being. The court will not uphold provisions that deal with child support, child custody, or even child visitation schedules as it violates public policy. Courts will not deprive children of the opportunity to have a relationship with a fit parent or deny them the right to financial support.

In addition to child support or custody decisions, a prenuptial agreement cannot include provisions detailing anything illegal. Individuals are prohibited from including anything unlawful; doing so can put the entire document or parts of it at risk of being invalid in court. A prenuptial agreement also can’t include personal preferences. This contract is primarily utilized to address financial matters. Individuals may want to include details about child-rearing or where to spend the holidays. However, any provisions discussing non-financial issues will not be upheld in court.

If you’re considering a prenuptial agreement, please don’t hesitate to contact the Law Offices of Eyal Talassazan, P.C., who can help determine what should be included to safeguard you from an uncertain future.