Prenuptial agreements allow for both couples to retain certain assets, property and other items as their own when they become married. If there happens to be a divorce, the prenuptial agreement can be enforced so that each person receives the assets they had agreed to keep.
Unfortunately, some spouses like to take prenuptial agreements too far. They try to make certain conditions that can be considered unlawful, illegal or immoral. Ensure that your prenuptial agreement does not have any of the following factors so that it will not be decreed unenforceable in a court of law.
imit Child Support, Custody or Visitation: You cannot use these agreements to restrict or force a parent to give up their child support, limit their custody or hamper visitation rights. If you have these things in a prenuptial agreement family law court, the judge will not honor or enforce it.
Make Non-financial Rules: Deciding how to split up the household chores, whether to have a relationship with the in-laws, or state rules on child-rearing should never be included in a prenuptial agreement. Such personal matters are not binding in court.
When you are looking to create a legal pre-nuptial agreement, seek out a divorce attorney such as Richard Ross Associates who can give you advice concerning your options and your rights. For more information regarding prenuptial agreements in the Ventura County and Los Angeles areas, please contact Richard Ross Associates at 805-777-1011.