Before getting married, many partners choose to sign a prenuptial agreement. This contract is created to establish guidelines around splitting assets should the marriage end in divorce. There are laws surrounding what can and can’t be included in a prenup, so it’s worth reviewing them before speaking to an attorney. Here’s what you need to know. 

What Can Be Included in a Prenup?

Separating Marital Assets

In the event of a divorce, courts often divide the shared property and assets up by splitting everything 50/50. In other cases, they do so based on individual circumstances, which doesn’t always result in an equal distribution. A prenup allows couples to avoid lengthy divorce battles by setting clear rules before the marriage on how separate and shared assets will be split.

Family Property

If one partner has a family heirloom or special object they want to keep in the event of a divorce, both parties can agree on how the property will be handled. Additionally, you can include guidelines around how future inheritances will be dealt with. 

What Can’t Be Included? 

Spousal Duties

Couples considering getting married may want to include provisions around how duties and tasks will be split throughout the marriage. For example, one partner may ask that the other handle the dishes, take out the garbage, or cook the meals. However, the law won’t recognize any clause that requires a spouse to take on certain tasks. If the couple would like, they can establish these roles on another document; though, this contract won’t have any clout in court. 

Child Custody & Support

While divorced partners can work together to decide on a child custody and support agreement, these matters can’t be resolved prior to the marriage. No matter what’s included in a prenup, the court has the authority to dictate support and custody based on what they consider to be best for the children. 

If you’re looking to draft and sign a prenup, contact The Law Offices of Bromm, Lindahl, Freeman-Caddy & Lausterer. Their family law attorneys will work with you and your partner to establish a document that’s designed to prevent strife and lengthy divorce proceedings. Based in Saunders County, NE, their lawyers have been serving area residents since 1893. Call (402) 443-3225 to speak to an attorney, or head to their website to learn more.