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a prenuptial agreement is a marriage contract between two consenting adults prenuptial agreements usually include clauses about property division alimony as well as how to pay bills during the marriage you can include almost anything except for the following three topics first when it comes to children you cannot put any of the following in a prenuptial agreement who must have custody of the children where the children may live division of parenting times or how much child support will be paid ahead of time courts and judges want to be able to decide about who the children will live with and how much it would cost for their upbringing at the time of separation since what is in their best interest is not known until them second you cannot include any clauses in a prenuptial agreement that regulate activities in the bedroom non-consensual activities would continue to be illegal regardless of any contract made prior to marriage finally you cannot include any criminal or unconscionable act