Law Office of Kevin L. Beard, P.A.

What is unenforceable in terms of prenuptial agreements?

Many spouses have the idea that they can put anything inside a prenuptial agreement and -- if the other spouse signs the document -- it will be legally binding. Even though some couples agree to include questionable clauses in their prenups, these clauses may not be enforceable in a Maryland family law court. They could even result in the invalidation of the entire prenuptial agreement. As such, it's important that spouses understand the limits of these agreements before signing them.

Here are a few things that a prenuptial agreement can't do:

No child custody agreements: Prenuptial agreements cannot create a predetermined plan for child custody in the event of divorce.

No child support agreements: Prenuptial agreements cannot predetermine how much one spouse will pay in child support.

No "lifestyle clauses": Prenuptial agreements cannot include so-called "lifestyle clauses" and expect them to be enforceable. These clauses might relate to weight gain, amount and frequency of sexual interaction, the cleanliness of the household, the completion of household tasks or punishments relating to infidelity; however, they usually don't hold any water when their legality is called into question.

Is someone asking you to agree to something questionable in your prenuptial agreement? Did you agree to something questionable, and now that you want a divorce, you need to determine if a particular clause will hold up in court? Ultimately, your prenuptial agreement serves as a kind of insurance policy that goes into effect in the event that divorce is necessary. However, just like any insurance policy, it's important that you fully understand its terms and conditions. Makes sure you investigate your legal rights and options relating to your prenuptial agreement prior to signing it and before you decide to get a divorce.

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