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{draw:a} Top of Form {draw:frame} {draw:frame} Bottom of Form What Can & Can’t Be In A Prenuptial Agreement {draw:frame} The range of what can be in a prenuptial agreement is flexible and can accommodate most of the individual wants and desires that a marrying couple may have. On the other hand, there are some strict rules about what cannot be in a prenuptial agreement. Generally, a prenuptial agreement can deal with the following: (a) division of property on divorce; (b) whether particular items are considered community property or separate property; (c) ownership of the marital residence; (d) responsibility for premarital debts; (e) distribution of property on death (although you also need to update your estate planning documents to reflect his); (f) alimony obligations (in most States); (g) financial responsibilities during the marriage; (h) under which state’s law the prenup is (otherwise it will be the state of the divorce, and not the marriage); (i) how disputes about the prenup are to be resolve (for instance through mediation or arbitration); and (j) sunset clause - many couples allow that their prenuptial agreement will not be valid if they are married for a certain number of years. There are a number of limitations to prenuptial agreements. Prenuptial agreements can’t deal with the following: (a) custody of the children (this includes things such as in what religion to raise the children, their schooling, etc.); (b) visitation to the children; (c) child support; (d) anything “illegal” (as with most contracts); and (e) anything “unconscionable” (unfair) (f) anything that is thought to encourage divorce; Although most states permit prenuptial agreements to deal with alimony, a court is allowed to invalidate the alimony provisions if the judge believe them to be unjust. This will normally occur in long term marriages if there is a great disparity between spouses’ incomes and no or little alimony being paid. Finally, although...