Big Firm Experience
With A Personal Touch.

The issues a prenuptial agreement can and can't address

A few weeks ago we discussed common mistakes made when creating a prenuptial agreement. Avoiding these mistakes is critical, as what may seem like a minor slipup could render the agreement void and leaving an individual susceptible to financial losses. When deciding whether a prenuptial agreement is right, an individual should not just keep an eye on common mistakes. Instead, he or she should also consider what can and can't go into such an agreement. By knowing this, a soon-to-be married individual may be able to avoid common mistakes, ensure the agreement is valid, and thereby protect his or her financial interests.

There are many things that a prenuptial agreement can achieve. One of the biggest is that it can distinguish between marital and separate property. This can help protect one's personal assets by placing it outside the realm of property division in the event of a divorce. A prenuptial agreement can also limit debt liability. By doing this, an individual can avoid being on the hook for his or her spouse's debt if death or divorce occurs. Other things that can be achieved through a prenuptial agreement include detailing property division in the event of divorce and define marital financial responsibilities.

There are issues that a prenuptial agreement cannot handle, though. One of the most important is that child custody and child support cannot be decided via a prenuptial agreement. Similarly, a soon-to-be spouse cannot waive his or her right to spousal support simply by agreeing to it in a prenuptial agreement. Personal matters, too, are disallowed from being addressed in these agreements.

A prenuptial agreement can be a powerful tool to protect one's financial interests before tying the knot. Some say that these agreements are only preparing for a failed marriage, but nothing could be further from the truth. Instead, a prenuptial agreement allows couples to put their finances aside so that they can focus on what really matters: their new life together.

Source: FindLaw, "What Can and Cannot be Included in Prenuptial Agreements," accessed on Dec. 12, 2016

No Comments

Leave a comment
Comment Information

Request a consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Main Office
1606 Juanita Lane Suite B
Tiburon, CA 94920

Phone: 415-889-8734
Fax: 415-366-1899

Napa Office
1606 Main Street Suite 207
Napa, CA 94559

Phone: 707-666-0203
Fax: 415-366-1899

Walnut Creek Office
1990 N California Blvd 8th Floor
Walnut Creek, CA 94596

Phone: 925-234-4478
Fax: 415-366-1899
Visit our Walnut Creek Law Office

Santa Barbara Office
827 State Street
Suite 1
Santa Barbara, CA 93101

Phone: 805-919-8719
Fax: 415-366-1899
Map & Directions