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What You Cannot Include In A Prenuptial Agreement

On Behalf of | Jun 2, 2023 | Family Law

Are you getting married soon? Congratulations! It’s an exciting time filled with love and hope for the future. But before you walk down the aisle, there’s one crucial legal document you may want to consider: a prenuptial (prenup) agreement. A prenup can help protect your assets and clarify financial expectations, making it an essential tool for many couples. However, there are some things you cannot include in a prenup, which we plan to discuss in this blog.

5 Items You Cannot Include In A Prenuptial Agreement in Hawaii

While it can be a great way to enter a marriage with security and certainty, certain things cannot be included in a prenuptial agreement. Laws governing prenuptial agreements vary state-to-state. Please keep in mind that the following list is specific to Hawaii:

  • Child Custody/Child Support

A prenuptial agreement cannot determine child custody and support. It is important to note that the child’s best interest is always the deciding factor, and courts decide based on what is best for them. So if you are considering including this in your prenup, it is important to know that it will not be legally binding.

  • Illegal Activities

Prenuptial agreements cannot include any clauses that involve illegal activities. This can include anything from distributing illegal substances to performing illegal activities. If one spouse is caught doing any of these activities, their partner cannot be held accountable for their actions.

  • Personal Matters

Personal matters to the couple cannot be included in a prenuptial agreement. This includes anything related to their personal lives, such as romantic gestures or even what happens inside the bedroom.

  • Incentives for Divorce

You cannot incentivize divorce through a prenuptial agreement. It is not legal to include clauses that encourage, reward, or incentivize a divorce in any way.

  • Terms That Violate Public Policy

Lastly, prenuptial agreements cannot take away one’s right to marry, limit child support, or deny one’s responsibility for support payments.

Seek Assistance From Trusted Attorneys

It is always advisable for couples to speak with an experienced attorney to better understand what can and cannot be included in a prenuptial agreement, especially when it comes to their specific circumstances. However, the most important thing that couples should focus on throughout the process is communication and trust, as that is the foundation of any healthy and lasting relationship.

Our attorneys at Coates Frey & Hackett, AAL LLLC are here for you and your ohana for assistance with premarital agreements or any other family law matter. Contact us today. 808-524-4854