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What's allowed to be included when it comes to drafting a prenup?

Although you're unlikely to be thinking about divorce as you're planning to walk down the aisle, some legal experts warn that you probably should.

Prenups can prove to be extremely helpful if you divorce, especially in terms of dividing up property. They help to clearly define what property you're bringing into your marriage. By including it in a prenup, it'll give the two of you less to quarrel over if you do split.

If you had children during a prior relationship that you want to ensure maintain their right to an inheritance, then you may want to protect their right to it by writing it into the prenup.

It's important to keep in mind that you're liable for whatever debt your spouse amasses during your marriage. You may wish to protect yourself from debt that your future spouse may rack up by writing in the prenuptial agreement that what's his or hers is theirs alone.

Clearly establishing boundaries for your business, investment accounts or rights to pensions are some other restrictions you may want to outline in a prenup as well.

As many concepts that can be included in prenups, there are just as many that cannot. First, a prenuptial agreement cannot include any discussion of the provision of a monetary incentive to encourage a spouse to follow through with a divorce. A prenup also can't be written in a way that a spouse gives up his or her right to request alimony.

A prenup also can't mention anything regarding child custody or support. In many cases, support is determined using a special formula based on parental income and other factors, as established by a particular jurisdiction. Child custody is ultimately ruled on by a judge charged with making sure that whatever decision is made is in child's best interest.

Prenups aren't intended to ever dictate personal matters such as the frequency of vacations or where they should be taken, who is supposed to handle household chores or how the kids are intended to be raised either. Instead, all matters included in the prenup are supposed to be more oriented toward finances.

If you're getting married and want to gain a better perspective as to the benefits of signing a prenuptial agreement with your future spouse, then aNaples family law attorney can provide guidance in your legal matter.

Source: FindLaw, "What can and cannot be included in prenuptial agreements," accessed Jan. 25, 2018

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