Prenuptial agreements protect your assets and clarify expectations before marriage, but not everything qualifies for inclusion. New Jersey law, like most states, imposes restrictions on what you can include in a prenup. Understanding what’s off-limits helps avoid invalidating your agreement.
Personal preferences and lifestyle clauses
Prenups should not cover personal preferences or lifestyle expectations. Things like household chores, where to spend holidays, or how often you go on vacation don’t belong in a prenuptial agreement. These matters are too subjective and lack enforceability in a legal context.
Child custody and child support provisions
A prenuptial agreement cannot address child custody or child support issues. Courts decide these matters based on the child’s best interests at the time of divorce, not according to a contract. Any clause related to child custody or support would be void, as New Jersey courts prioritize the child’s well-being over contractual agreements.
Waiving alimony under all circumstances
You can include provisions about alimony in a prenup, but waiving alimony entirely may not hold up in court. If one spouse proves that not receiving alimony leaves them in financial hardship, a judge may rule the waiver unenforceable. New Jersey law doesn’t allow agreements that leave a spouse destitute after divorce.
Illegal activities and provisions
You cannot include anything illegal in a prenuptial agreement. For example, you cannot use a prenup to cover the division of stolen property or the protection of illicit activities. These clauses are unenforceable and may lead to legal consequences.
Knowing what cannot be included in your prenuptial agreement is just as important as understanding what can. Avoiding prohibited provisions ensures that your prenup stands up in court and provides the protection you intend. It’s wise to consult with a professional when drafting a prenuptial agreement to ensure it complies with New Jersey law.