What Can Be Included In Your Prenup?

Prenuptial agreements are a key talking point for anyone thinking about getting married in the near future. We have talked about prenuptial agreements and their general purpose in the past, but this week, we're going to take a closer look at which specific elements you can (and cannot) include in this important document. If you need help establishing a prenup at the Lake of the Ozarks, contact the team at Phillips, McElyea, Carpenter, & Welch, P.C.

What CAN Be Included In Your Premarital Agreement?

Prenuptial agreements are powerful documents that can help you enforce several important decisions. Here are some examples of the types of things that can (and should) be included in your prenup:
  • How property and assets will be divided in the event of a divorce
  • How financial responsibilities will be handled during the marriage
  • Who will be responsible for paying off premarital debts
  • Which property or assets are considered "community property" or "separate property
  • How property and assets will be divided upon your death
Please note that while division of property after death is an important part of your premarital agreement, this document generally cannot be used in place of an official estate plan. After we help with your prenup, our estate planning attorneys at the Lake of the Ozarks will be able to help you draft your last will and testament.

What CANNOT Be Included In Your Premarital Agreement?

While these versatile documents serve a wide variety of important purposes, they are subject to certain limitations. Here is a quick list of some of the types of things that cannot be included in your premarital agreement:
  • Who will retain custody of the children in the event of a divorce
  • What the non-custodial's parents visitation rights will be
  • What the non-custodial parent will be required to pay in child support
  • Anything that is in any way illegal
  • Anything relating to personal matters (such as division of household chores, activities, or parenting techniques)
Essentially, your prenup cannot include anything relating to the specific relationship dynamics of your marriage or anything relating to child support, child custody, or visitation rights. If you have questions about these limitations, contact one of our Lake of the Ozarks family attorneys.

How Can A Prenup Benefit You?

If you would like more information about prenuptial agreements and how they may be able to benefit your relationship, see our previous blog about premarital agreements or contact our experienced family attorney in Camden County MO. If you (or someone you know) is thinking about getting married in the near future, we hope you'll keep us in mind for help with your premarital agreement!

Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
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