A gavel resting on a prenuptial agreement

What Cannot Be Included in a Prenuptial Agreement

Not Everything Is Covered

No one wants to go into a marriage with the presumption that it may end, but having a prenuptial agreement in place offers great protection to those who have them. These documents, however, are not legally allowed to cover everything one can think of. Here are four items that cannot be included in prenuptial agreements.

1. Anything Related to Child Custody, Support, or Visitation

Couples crafting a prenuptial agreement are not allowed to include anything related to child custody, child support, or a visitation schedule. During a divorce, unless parties are able to agree to these terms in a settlement approved by the court, the judge is the one who will decide primary custodian, visitation rights, and child custody amounts. A couple cannot include a minimum child support payment amount nor can they work in a visitation schedule or decide who is the primary custodian.

2. Non-Financial Terms

Prenuptial agreements cover many financial issues, so it should be no surprise that you cannot include terms that are not financial in nature. For example, a prenuptial agreement cannot dictate if a spouse can remarry after a divorce, nor can an agreement say which side of the family receives the Christmas get-together. These types of terms in a prenuptial agreement carry the danger of having the agreement thrown out in court altogether.

3. Anything Agreed To But Not Written Down

A prenuptial agreement and all of its terms are legally binding only if it is written down and signed by both parties. You cannot include anything that is not written in the agreement, even if verbally agreed to. Anything agreed to verbally but not included in the written agreement is not valid.

4. Unfair Terms

In addition, a prenuptial agreement is supposed to be fair for all parties involved. Upon review by the court, if anything is determined to be unfair to either side, then that part of the agreement will be struck down and invalid.

Work With a Queens Attorney

Prenuptial agreements can seem difficult to put together, especially when ensuring that everything in the agreement is fair for both parties. In order to ensure that your agreement can hold up in court, consider working with an attorney who can help you draft the best agreement to meet your unique needs in a way that will hold up in court.


If you need help with a prenuptial agreement or other family law issue, contact Levi Divorce & Family Law Attorneys today at (718) 215-0121 or visit us online.

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