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What can I include in my prenuptial agreement?

News about celebrity prenups rarely disappoint, especially given the odd provisions that they commonly come with. For instance, they may come with weight restrictions, infidelity clauses, and rules about in-laws. But with more people waiting longer to get married, chances are that they will want prenuptial agreements to protect the wealth they have amassed before tying the knot.

These weird clauses beg the question for everyday people: What can I include in my prenup?

Essentially, Virginia law gives couples broad discretion over what they can include in their respective prenuptial agreements. Prenups commonly address foreseeable issues regarding what may be classified (or not classified) as marital property and how such property will be distributed in the event of a divorce. For instance, couples can agree that should the marriage end in divorce, all gains to their respective retirement accounts are deemed to be separate property.

A prenuptial agreement can also stipulate as to where the matter will be venued. This may be beneficial for people who spend half the year in New York and the other half in Virginia, for example. Additionally, parties can agree on what would be a reasonable sum for spousal support, or they can choose to waive it altogether.

Despite the flexibility granted to prenups, they cannot dictate terms and amounts regarding the payment of child support. This can only be done through family court.

If you have further questions about prenuptial agreements, an experienced family law attorney can help.

The preceding does not establish an attorney-client relationship and is not intended to be construed as legal advice. 

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