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What Cannot Be Included in a Postnuptial Agreement

A postnuptial agreement is a legal document that outlines the financial and property arrangements between a married couple in the event of a divorce or separation. It is a popular tool to protect assets and ensure fair division of property. However, there are certain things that cannot be included in a postnuptial agreement.

1. Child Custody and Support

Child custody and support are subject to the laws of the state, and cannot be predetermined through a postnuptial agreement. The best interest of the child is the priority in custody arrangements, and a postnuptial agreement cannot legally override those interests.

2. Illegal Arrangements

Illegal arrangements, such as agreements related to illegal activities, are not enforceable in court. Therefore, a postnuptial agreement that includes such arrangements would be worthless.

3. Violation of Public Policy

Postnuptial agreements cannot be used to waive public policy requirements, such as child support, alimony, or social security benefits. These requirements are mandated by law and cannot be waived by any agreement.

4. Personal Behaviors

Postnuptial agreements cannot dictate personal behaviors or lifestyle choices, such as fitness, weight, or appearance. These are not a legal matter and therefore cannot be enforced in court.

5. Unfair or Unconscionable Terms

A postnuptial agreement that contains unfair or unconscionable terms may be invalidated by the court. Unfair or unconscionable terms include those that significantly disadvantage one spouse, such as excluding them from property or assets they rightfully own.

In conclusion, although postnuptial agreements are a great tool to protect individual assets and property, there are certain things that cannot be included in them. These include child custody and support arrangements, illegal activities, violations of public policy, personal behaviors, and unfair or unconscionable terms. It is important to consult with a legal expert while drafting a postnuptial agreement to ensure it is legally enforceable and fair to both parties.

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