Can a prenuptial or post-nuptial agreement override normal property division and support rules?

Can a prenuptial or post-…
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A prenuptial agreement is meant to protect both parties during a marriage and to reduce the need for court involvement or messy legal battles if there is a problem within the marriage. The content of a prenuptial agreement can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce.

So, if there is a valid prenuptial agreement between the parties, it will control how property will be divided at the time of divorce. If a prenuptial agreement excludes certain property from becoming marital property during the marriage, then that excluded property will not be marital property.

Moreover, if a prenuptial agreement contains a waiver as to the granting of a monetary award, or other form of equitable distribution such as a transfer of a pension interest, then a court will be prohibited from granting a monetary award or making any other form of equitable distribution, such as transferring a pension interest from one spouse to the other.

Regarding spousal support, or alimony, as it is often called, if the prenuptial agreement contains a waiver of alimony, then a court will be prohibited from awarding alimony to the party who waived it. Generally, the only thing that a prenuptial agreement cannot control is something to do with children such as child support or child custody. Parties cannot tie the court's hands when it comes to matters pertaining to the best interests of children.