View Navigation Blog

4 items to leave out of prenups

Research has shown millennials are far more likely than past generations to utilize prenuptial agreements. Some common beliefs for this include the fact that many millennials decide to marry later in life, and as a result, they have more assets to protect before going into a marriage. 

There are many protections to include in a prenup. Spouses can protect themselves from the other partner's debts and establish who will receive what in the event of a divorce. However, there are provisions you cannot include by law, and adding such rules can invalidate other aspects of the agreement. 

1. Household responsibilities

A prenup is primarily for financial clarification. A couple cannot use the document to assign household chores or determine whether one spouse absolutely must take the other's last name. With these matters, it is preferable to simply have a conversation prior to marriage so that both parties are on the same page. 

2. Provisions that encourage divorce

Some couples will include information that encourages the couple to divorce under certain circumstances. Judges heavily scrutinize such provisions to see if there is any language that offers a financial reward for divorcing. 

3. Waivers for certain rights

Under certain circumstances, some courts in Minnesota will allow spouses to waive the right for spousal support in divorce. Judges will look to see whether such a waiver would be unconscionable or would create an undue hardship on a spouse to not receive those extra funds. 

4. Details regarding child support and custody

No state allows a couple to decide on child support and custody prior to the marriage even beginning. The reason for this is due to the fact that the child's well-being is a matter of public policy. One spouse cannot waive all child custody because a court may determine it is best for the child to have a relationship with both parents. A court would never deny a child monetary support simply because language stating such exists in a prenup. 

No Comments

Leave a comment
Comment Information
Email Us For A Response

Start By Setting Up A Consultation We Are Ready To Listen

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

Law Firm, P.A.

600 Inwood Avenue North Suite 200
Saint Paul, MN 55128

Phone: 651-315-8002
Fax: 651-731-2307
Saint Paul Law Office Map