"My husband will perform all dish-washing duties for the duration of our marriage."
Guess what? You probably can't include that in your prenup, as tempting as it is. Prenuptial agreements are versatile. Though, what you can put into your agreement may vary. Prenup laws are mostly state-dependent.
They're also mainly meant to address asset division and a couple's finances. So what can't you put in your prenup agreement?
1. "I waive all child support duties."
No. You do not. More specifically, you can't.
Child support and child custody issues typically cannot be included in prenuptial agreements. This is considered a matter of public policy. After all, the money goes to financially support a minor. Courts usually use a "best interest of the child" standard to determine the amount of support granted.
The same goes for child custody issues and visitation rights.
2. "I will not pay any alimony."
Different jurisdictions treat alimony provisions differently. Some strike them down and explicitly have statutes that bar waiving alimony in the prenup. Others allow the clause. Some states will limit any alimony agreements.
3. "We will spend all our holiday time with my parents."
Provisions that detail personal instead of financial matters may get thrown out. This includes provisions that govern who does what chores, where the couple will spend their holidays, and other issues. Courts often do not want to relegate domestic matters to a contract.
There are other provisions that may be struck down as well. We previously even blogged about a British man who wanted to have sex at least twice a week. Most likely a provision about sex will not be allowed under a state's prenup laws. For more information about what you can or can't include in your prenup in your state, consult a family law attorney.
- How to Determine if a Prenuptial Agreement is Right for You (FindLaw)
- What Can and Cannot be Included in Prenuptial Agreements (FindLaw)
- Kim Kardashian's Prenup Leaves Kris Humphries Empty Handed (FindLaw's Celebrity Justice)
- Prenuptial Agreements on the Rise (FindLaw)