What Does a Prenuptial Agreement NOT Cover?

 Posted on January 31, 2016 in Prenuptial and Postnuptial Agreements

Discussing a prenuptial agreement with your soon-to-be spouse is never easy. However, as thousands of divorcees will attest, this contract can protect your personal and financial interests. Although a prenup can protect certain assets, the contract does have limits. Some aspects in a divorce or family law case cannot be part of a prenuptial agreement.

Illegal Terms

According to Illinois law, you may not include any illegal obligations in your prenuptial agreement. These can range from requiring your spouse to commit an unlawful act to listing the division of prohibited possessions, such as drugs. These terms may render the entire document invalid.

Child Support and Allocation of Parental Responsibilities

In Illinois, the court has the final say in calculating child support. Therefore, you cannot include details regarding child support or child custody in a prenuptial agreement.

A court will never uphold a provision of a prenup that limits one spouse’s liability for child support payments. Likewise, a prenup will not govern the terms of allocation of parental responsibilities (previously considered child custody) and parenting time rights.

Encourage Divorce

Judges are always on the lookout for anything in a prenup that may offer a financial incentive for divorce. If a provision can be read in this way, then the court will most likely set it aside. This is one reason why you should only consult an experienced family lawyer when creating a prenup. Your attorney can spot any illegal and unenforceable clauses in the agreement.

Make Rules about Personal Matters

The purpose of a prenup is to address possible financial issues. This is why a prenup cannot include any personal preferences, such as who has to do the dishes, where to go on vacation, or how many children you will have.

If you are interested in creating a prenuptial agreement, contact a Kane County family law attorney from The Law Offices of Douglas B. Warlick & Associates. Our team has been helping clients throughout Northern Illinois for more than 35 years, and we can make sure your prenup is legally valid. To arrange an initial consultation with an experienced lawyer, call 630-232-9700 today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2087&ChapterID=59