While many people have heard of prenuptial agreements, they are still confused about what exactly these documents can and can not include. While some of the details that people decide to include in pre-nuptial agreements are widely known, some of the other details are specific and unique. This article will take an in-depth look at what types of language are allowed to be included in a pre-nuptial agreement.
The Role of Lifestyle Clauses
Lifestyle clauses in prenuptial agreements call for spouses to follow certain personal requirements. Some of the most common examples of these clauses include agreements to not drink alcohol during the marriage, to spend a certain amount of time together, or to remain in a certain weight range. While some people argue that these clauses help to increase honesty in a relationship, many others respond to these clauses much less positively. Unfortunately, rarely are lifestyle clauses enforceable in a court of law. There is even a risk that unenforceable lifestyle clauses could result in a judge invalidating the entire prenuptial agreement.
Common Terms Used in Prenuptial Agreements
Some of the most common phrases that you can expect to appear in prenuptial agreements include the following:
- “Marital property” which refers to property that is acquired or earned during the course of a marriage
- “Operative events” like divorces or separation that place the prenuptial agreement into action
- “Separate property” which refers to property that belongs to one of the parties before a marriage or following a divorce
- “Spousal support” or maintenance that involves one party providing financial support to the other following a divorce
- Statements that distinguish between what type of property should be classified as marital and what should be classified as separate
- Statements that help to provide for children from a previous relationship
- Statements that reflect what a person brings into the marriage is marital property and not what a person acquires during the marriage
- Sunset clauses, which state when an agreement is no longer valid. Sometimes, these clauses can even define how much a spouse will receive based on how long the marriage lasts.
Clauses that can Not be Used in Prenuptial Agreements
While this article has already mentioned some of the clauses that commonly appear in prenuptial contracts, there are also some clauses that cannot be used in these contracts, which include the following:
- Any arrangements involving child custody or child support
- Any provisions that are illegal in any way
- Language that encourages a divorce
- Language that waives one or both spouse’s rights to alimony
Speak with a Skilled Georgia Family Law Attorney Today
If you need assistance in creating a prenuptial agreement that achieves your wishes, you should not hesitate to contact a knowledgeable family law attorney. By speaking with Vayman & Teitelbaum P.C. today, you can schedule an initial free consultation during which time we will begin to gather information and ask questions about your situation so that we can help you create the strongest prenuptial agreement possible.