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Limitations of prenups and postnups

On Behalf of | Jun 12, 2019 | Uncategorized |

Years ago, prenups were a taboo thing to discuss with a partner. Now, a lot more couples have realized the benefits of such a document. Every couple, no matter how much income they bring in, would benefit substantially from a prenuptial or postnuptial agreement

These documents help a divorcing couple determine how to divide assets in the event of a divorce. It can save them a lot of time and money in the courtroom during an already tumultuous time. However, these documents cannot handle everything in a divorce. In fact, there are clauses some couples put into a prenup or postnup that can invalidate portions of the document or the entire thing. 

Both parties require representation of legal counsel

A person cannot just type out a prenup and have the fiancé or spouse sign it. They both need attorneys representing them. The legal representation will look at the document and make sure it contains accurate clauses that are fair to all parties involved. That means one spouse who makes substantially more than the other will likely not be able to get away with not paying any alimony whatsoever. 

It contains nonfinancial clauses

A prenup can only contain matters related to the couple’s finances. A lot of couples will try to make the prenup contain other items, but doing so could invalidate the document. A couple cannot use a prenup to determine family matters, such as how much time they will spend with their in-laws. It also cannot contain clauses related to physical arrangements, such as what kind of appearance both spouses must maintain at all times. Naturally, a prenup cannot force a spouse to do anything illegal. In the event a spouse signed a prenup with one of these clauses, then he or she will need to bring it to a legal authority to either get the clause or the whole document thrown out. 


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