A prenuptial agreement makes certain that you and your soon-to-be-spouse are on the same page in terms of future finances and marital expectations.
However, there are certain things that a prenuptial agreement just can’t do, at least not in the eyes of the court.
State laws regarding child support, custody, and child rights cannot be overridden by a prenuptial agreement.
A Prenuptial Agreement Cannot Change Child Support and Child Custody
State laws regarding child support, custody, and child rights cannot be overridden by a prenuptial agreement. While a premarital agreement can override some community property laws, it will not change the court’s mind when it comes to your children.
A Premarital Agreement Cannot Punish a Spouse
Because California is a no-fault state, a spouse who is unfaithful cannot be punished in the divorce. In other words, if one spouse cheats on the other there cannot be terms within your agreement that punish him or her for doing so. However, if one spouse abuses the other, it’s possible that the abuser may not be eligible to receive support.
A Prenuptial Agreement Cannot Enforce Day-to-Day Issues
Day-to-day issues are not necessarily enforceable. If you include items such as the number of children you will have together or the type of organizations you will belong to as a married couple, the courts will not likely enforce those issues.