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On the topics you can and can't include in a prenup

A couple of weeks ago, we wrote a post about prenuptial agreements and how the two people approaching their wedding day should approach the prenup conversation. Etiquette is an important factor when talking about a prenup, so it should be observed and respected.

Once you and your soon-to-be-spouse talk about a prenup, you may decide that this contract is right for you. If that is the case, your next step is to draft and sign the prenuptial agreement. This will take some time, and during the drafting process you need to be aware of what topics you can -- and which ones you can't -- include in the prenuptial agreement.

There are a number of important topics you can address with your prenuptial agreement. You can protect your estate plan and your family business. You can protect yourself from any debts that your spouse may bring to the marriage. You can outline the responsibilities each of you will have during the marriage. And, of course, you can make provisions that detail how property division would proceed in case of a divorce.

However, there are a number of topics you can't address in your prenup. For example, you can't mention anything relating to child custody, child support, or forfeiting your right to alimony. You also can't discuss anything illegal or anything that might encourage a divorce.

Prenuptial agreements occupy a very important area of family law, and anyone who is getting married should consult with an attorney if they are considering signing this document.

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