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A prenup can also protect any income or assets that you earn during the marriage, as well as unearned income from a bequest or a trust distribution. Without a prenup, you may be required to pay alimony to your ex-spouse. However, with a prenup, you can predetermine a specific alimony amount or even eliminate it.
A prenup cant include personal preferences, such as who has what chores, where to spend the holidays, whose name to use, details about child rearing, or what relationship to have with certain relatives. Prenuptial agreements are designed to address financially based issues.
If a will contradicts the terms of a prenup, the heirs may have grounds to legally contest the validity of the will, and the courts will determine which document is enforceable when the terms contradict each other. The terms of a prenup are still enforceable in the event one spouse dies.
Unreasonable Terms Prenuptial agreements cant include terms that are considered unconscionable at the time it was signed. This includes provisions that unfairly indulge one spouse or excessively penalize one spouse. For instance, clauses relating to fidelity or infidelity are generally not enforceable.
5 Things You Cannot Include in Your Prenuptial Agreement 1) Nonfinancial Rules. 2) Anything Illegal. 3) Terms Involving Child Custody or Support. 4) Unfair or Unreasonable Terms. 5) Incentive for Divorce.
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If the court examines a prenup and determines that the document itself seems suspect, or one of the parties presents evidence that the prenup was signed under threat or coercion, the court will deem it invalid. Additionally, both parties must have at least seven days to consider the terms of the prenup before signing.