Prenuptial agreements have grown in popularity, particularly with millennials. A majority of divorce attorneys surveyed in one study admitted that the number of prenups they had seen in recent years had increased.
Young people are aware of how messy divorce can be since many of them contended with parents going through the same process. A prenup can help a married couple determine who receives what assets and how much alimony one spouse will receive in the event of divorce. However, there are certain measures people cannot include.
Anything unrelated to finances
A prenup can outline how much alimony someone will receive, but a couple cannot use it to dictate who will carry out what chores. A prenup also cannot include information about how one spouse will behave during the marriage, and a couple cannot state that a certain action will lead to divorce.
The purpose of alimony is to ensure the spouse who makes less money can still retain a relatively similar lifestyle after the divorce is final. A spouse who makes substantially more money than the other cannot use the prenup to say he or she will not provide any alimony whatsoever to the other spouse in the event of a divorce. A judge will most likely throw the document out if that is the case.
Most couples go into a marriage without any children. However, some may still attempt to outline how they will handle child custody and support before the marriage even begins. Some spouses even try to get out of paying any child support entirely. As a result, most courts will not recognize any provisions related to child custody in a prenup. Even if the spouses had the document signs and notarized, a judge will merely toss it out.