Premarital agreements ( prenup ) are governed by state law. Therefore, the law of the state in which the spouses reside determines what may and may not be included in a premarital agreement. While the law varies by state, there are a few generally applicable rules regarding what spouses may not agree to in a premarital agreement.
All states prohibit premarital agreements that define or eliminate a spouse’s obligation to pay child support. A provision in a premarital agreement that defines or eliminates a spouse’s child support obligation is unenforceable.
All states prohibit premarital agreements that define the spouses’ child custody rights. A limitation or definition of visitation rights is also prohibited. A court will refuse to enforce a provision in a premarital agreement that defines child custody or visitation rights.
Spouses may not agree to anything that violates state law or public policy in a premarital agreement. A provision in a premarital agreement that contains an illegal bargain is unenforceable.
In some states, a premarital agreement may not be used to eliminate a spouse’s right to spousal support or alimony in the event of divorce. In other states, the spouses may agree to eliminate spousal support or alimony in a premarital agreement.
Long Island divorce lawyers, the Law Offices of Frederic C. Foster recognizes that the laws regarding premarital agreements, including those concerning invalids are constantly changing and we work hard to make sure the contracts agreed upon by the parties involved are legitimate and legal.