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What overrides a prenup?

Another way the will could take priority over a prenuptial agreement is if it includes a \u201csunset clause.\u201d Sunset clauses end a contract right away once a particular event or amount of time has passed. If a prenuptial agreement has self-expired due to a sunset clause, then the will takes priority.

Can judges ignore prenups?

Additionally, a judge may throw out a prenup if it contains absurd provisions regarding things like weight gain or limitations on a spouse's permitted activities. Essentially, the prenup simply has to be reasonable if it's going to hold up in court. If it's not, the judge may decide to disregard the document entirely.

How do I write a prenuptial agreement?

Guidelines for drafting a successful prenuptial agreement Separate lawyers. Both partners need access to all relevant information when they are discussing the agreement's terms. ... Keep it simple. Don't attempt to write the agreement yourself. ... Be fair. ... Professional degrees. ... Personal banking. ... The final document.

What Cannot be included in a prenuptial agreement?

Child Custody & Support Anything related to your future children is something that typically cannot be included in your prenuptial agreement. Specifically, child custody and child support-related items are off-limits when creating prenuptial agreements.