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What can and cannot be included in a prenuptial agreement?

Before exchanging vows, Minnesota couples may weigh the benefits of obtaining a prenuptial agreement. The primary reason to have a prenuptial agreement, according to family law observers, is that it allows the couple lay out their property division and financial future in the event that they decide to get divorced down the road.

While there are certainly a number of valuable reasons to consider a prenuptial agreement, not everything can be reduced to writing. As such, the following is a review of what generally can and cannot be included in a prenuptial agreement.

Prenuptial agreements are meant to protect assets and estate plans, provide for children and clearly define how property will be distributed after divorce.

While there is a lot that a prenuptial agreement can do, there are also certain things that cannot be included in such agreements. Take personal matters for example: Can a couple include weight gain as grounds for divorce? Whether or not a one spouse chooses to end their marriage because their other has put on a few extra pounds on their own, prenuptial agreements usually cannot include such arbitrary reasons as grounds for a divorce.

Furthermore, every state prohibits individuals from including anything illegal in a prenuptial agreement. Beyond this, prenuptial agreements can also not include decisions regarding child support or child custody. These are decisions that are based on the children's best interests and can change over the course of a marriage.

These, of course, are just a few examples of what can and what cannot be included in a prenuptial agreement. Family laws, including those surrounding prenuptial agreements, are governed on a state level. As such, it may be beneficial for those looking to create an agreement to seek out advice as necessary.

Source: The Huffington Post, "Weight Gain Grounds for Divorce? HuffPost Divorce Readers Give Their Take," Jan. 3, 2012

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