Provisions that encourage divorce: All states have public policies that favor marriage and discourage divorce. Prenuptial agreements cannot encourage divorce in ways like giving a spouse an incentive to get divorced.
Anything related to child support: A prenuptial agreement cannot waive child support or dictate how much support should be paid. The laws of your state will determine child support and/or the court can properly calculate the amount of child support that should be paid.
Anything related to child custody: Likewise, prenuptial agreements may not contract away the rights of a child and dictate which parent will have primary custody. The prenuptial agreement cannot place any restrictions on child custody or visitation.
Provisions that include illegal terms: Like all valid contracts, a prenuptial agreement cannot include any illegal terms or requirements. In other words, a spouse cannot be required to commit an illegal act in a prenuptial agreement.
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