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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.
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.
For it to be valid, both parties must disclose all of their existing financial and property information, outlining all assets, including real estate, stocks, and retirement accounts, as well as all debts, including student loans, car loans, and credit cards.
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.
Prenuptial agreements generally provide that some or all of the assets and liabilities that each spouse brings into the marriage will be treated as their own separate assets or obligations.
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Does A Prenup Protect Future Earnings? The short answer is yes, you can retain assets of your future earnings in a divorce if that condition has been outlined in your prenup.
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.
A prenuptial agreement, when properly negotiated, can protect the following assets and interests: Retirement or education funds that either party may have accumulated before marriage. Property that either party owns at time of marriage. Property interests of any children from previous relationships.
Pennsylvania, however, is seen nationally as a unique state that upholds prenuptial agreements under circumstances that might not hold up elsewhere. Pennsylvania law views premarital agreements largely like business contracts between equal parties.
A court can invalidate a prenuptial agreement under two circumstances, even if it has been properly signed: proof that the spouse who signed the agreement was coerced, or the spouse who insisted that the other spouse sign the agreement made a false or fraudulent statement of material facts concerning assets and debts.

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