What Cannot Be Laid Out in a Nuptial Agreement

closeup of a marriage prenuptial agreement and cashPrenuptial and post nuptial agreements in Georgia are popular and often used to sort out what happens in the event of a divorce. There are some fairly strict rules on what can and cannot be included in a prenuptial agreement Georgia, or any other sort of pre- and post-marital agreement. While financial considerations will generally be acceptable, putting a forbidden provision into an agreement may cause the court to reject it in the event of a divorce.

Any of the following five things can cause a court to invalidate a marital agreement. Thus, you cannot lay it out in your nuptial agreement.

Illegal Actions

Your agreement has to conform to all state and Federal laws. You cannot use the agreement to try to evade or alter those laws. You cannot use the agreement to encourage or require your spouse to commit criminal acts.

Terms Involving Child Support or Child Custody

Your agreement cannot vary the laws on child support or custody. These are prerogatives for the court and are driven by the best interests of the children as well as by statutes.

The agreement could not, for example, state that the non-custodial parent doesn’t pay any support or that the child must reside with one or the other parent. Any term not in the child’s best interest will be ruled invalid.

Non-financial Matters

The pre-nuptial or post-nuptial agreement is designed to handle the allocation or division of property and related issues like alimony and spousal support in case of a divorce or separation. Many couples will try to use the agreement to set down other rules for the marriage related to child-rearing, chores, domestic duties, or issues of religion. Courts will not intervene in such matters, and a court will invalidate the agreement rather than enforce it if such terms are included in the agreement.

Unfair and Unreasonable Matters

This may seem like a vague description, and it is certainly much more flexible. The court will be much less likely to enforce an agreement that burdens one party excessively. This is true whether the agreement was inherently unfair at the time it was made or whether it became unfair at the time of the divorce.

Thus, an agreement that allocates all of the property to one spouse, and leaves the other without any home and resources to afford a home, is likely to be deemed intrinsically unfair. The court is very likely to set aside such an agreement.

Terms Likely To Lead to a Divorce

While a nuptial agreement governs the financial terms of a divorce, it must not be seen by the court as causing or inciting the divorce. If one spouse or the other has a financial incentive to file for divorce because of the terms of the agreement, the court is unlikely to uphold the provision.

Get Your Nuptial Agreement Drafted With a Family Law Attorney

Drafting a prenuptial or postnuptial agreement is complicated work. Many pitfalls can lead to an agreement being invalidated by a divorce court. If you are contemplating entering such an agreement, consult family law attorneys Atlanta with experience drafting and defending such agreements.

The Fuller Law Group LLC includes experienced Atlanta family law attorneys. We have drafted many prenuptial and postnuptial agreements as part of our full-service family law practice. We can also represent you if an agreement drafted by someone else is now being challenged in a divorce court in Georgia.

Our skilled attorneys can advise you to learn more about nuptial agreements in Atlanta. Call today for an appointment and consultation.