Kevin Qualls Family Law
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What can, and cannot, be included in a prenuptial agreement

As this Orange County, California, blog has discussed on previous occasions, many couples in this state, including those who have no plans of divorcing, choose to enter in to prenuptial agreements. While there are certain minimum legal requirements every prenuptial agreement must satisfy, one of the reasons they are so popular is that they are flexible documents.

They allow couples entering them to get somewhat creative with addressing both potential divorce issues, as well as other legal and financial matters. In other words, it may be easier for people to know what cannot be included in prenuptial agreements, since most topics related to marriage are pretty much fair game.

As this post has mentioned before, a California prenuptial agreement cannot include items that address child custody, parenting time and child support. Courts will insist that these issue be resolved when they come up and consistent with the children's best interests. One also has to be careful about using an agreement to limit a spouse's ability to seek alimony.

Obviously, one cannot include a term that would be illegal to enforce. Although, sometimes, in today's complicated world, what is and is not prohibited may be confusing.

On a less obvious note, one cannot include terms that do not pertain specifically to property and financial or estate planning matters. For instance, deals about who will do what work around the house or how often a person will have to visit his or her in-laws will face scrutiny and be frowned upon.

Otherwise, though, one can use a prenuptial agreement to address a variety of topics, including ownership of a family business, matters related to estate planning, what is and is not community property and the like. Whether it is wise to include, or agree to, a particular term in a prenuptial agreement is a question that is good to discuss with one's family law attorney.

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