September 14, 2025
What Can And Cannot Be Included In A Prenup
Couples who enter into a prenuptial agreement are making decisions about key financial and personal issues before marriage. These agreements are valuable tools that clarify expectations and help prevent future disputes. However, not every subject can be addressed in a prenup, and knowing the boundaries is just as important as knowing what is permitted. Attorneys like those at The McKinney Law Group can attest to how crucial it is to understand both sides of this issue.
Property And Asset Division
One of the primary purposes of a prenuptial agreement is to outline how property will be handled if the marriage ends. Couples may decide in advance what assets will remain separate and what will be considered marital property. This often applies to real estate, investments, or personal property brought into the marriage. Couples may also use the agreement to describe how future acquisitions will be divided, offering clarity about ownership rights.
Debt is another area that can be addressed. Prenups can specify who is responsible for certain debts, whether existing before the marriage or incurred during the relationship. This can protect one spouse from being unfairly burdened by the other’s financial obligations.
Spousal Support Provisions
Prenuptial agreements frequently address spousal support, also referred to as alimony. A couple may agree in advance about whether one spouse will provide financial support if the marriage ends and in what amount or for how long. While courts generally uphold these provisions, they retain the authority to review them. If an agreement seems unfair or was made under circumstances that suggest coercion, a judge may set aside those provisions.
Business Interests
For individuals who own a business or hold a stake in one, a prenup can protect those interests. The agreement can set out whether the business will remain separate property, how profits are to be treated, or whether a spouse will have any claim to the business in the future. This is particularly valuable for business owners who want to prevent disruption in case of divorce.
Inheritance And Estate Planning
Prenuptial agreements can also support broader estate planning goals. Couples may use the agreement to protect inheritances or family heirlooms by specifying that these assets remain separate. A prenup can work alongside wills and trusts to maintain control over how property is passed down, particularly when there are children from prior relationships.
Limits On Prenups
While prenups cover a wide range of financial matters, there are clear restrictions on what they cannot include. For example, child custody and child support cannot be decided in advance through a prenuptial agreement. Courts determine these issues based on the best interests of the child, and parents cannot override that standard with a private agreement.
Similarly, prenups cannot include provisions that attempt to regulate personal matters unrelated to finances. Clauses about household responsibilities, lifestyle choices, or future behavior are not legally enforceable. Courts generally view these as private understandings that do not belong in a binding legal contract.
Fairness And Enforceability
Even when a prenup addresses permissible topics, it must also meet standards of fairness and proper procedure. Courts will examine whether each party made full financial disclosure before signing and whether both had the opportunity to consult independent legal counsel. Agreements signed under duress or without adequate information are at risk of being invalidated. This is why working with a prenup lawyer provides valuable guidance when drafting an agreement that will hold up in court.
Creating Prenups That Stand On Solid Ground
A carefully drafted prenuptial agreement gives couples clarity about property, financial duties, and future commitments. By staying within the boundaries of what is legally allowed, couples can create an agreement that protects both parties while supporting the long-term health of the relationship. Prenups cannot address issues like custody or personal lifestyle rules, but they are powerful tools for financial planning and asset protection. For couples preparing to marry, understanding these limits makes it easier to approach the process with confidence and clarity.
