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In general, federal and state law restricts prenups to financial issues and marital responsibilities. More personal, routine matters, such as household chores or beliefs about how to raise children, have no place in a prenup and may make it unenforceable.

The law does not allow a couple to include any terms regarding child custody, visitation or support in a prenuptial or postnuptial agreement. This is because a judge will make these decisions in a divorce case based on the child's best interests.

Generally, who files for divorce first doesn't make a significant difference in the outcome of a case in Massachusetts. While filing for divorce first doesn't grant any unique rights, it can afford more considerable control over the situation. By initiating the process, you can ensure you're prepared.

This is one of the greatest fears that many people have when considering a prenuptial agreement, that they will be left with nothing if the marriage dissolves. This is very unlikely because the court will typically deem such a prenup unenforceable and require a revision to the original agreement.

What is the loophole in a prenup? When written by a professional divorce attorney, premarital agreements should not have a loophole. However, loopholes can be created if there is not a complete disclosure of the parties' assets.

You Cannot Include Child Custody/Child Support in Your Prenup. Prenups can include a wide array of terms, and permit more than they prohibit. Yet, you can, under no circumstances, include anything in your prenuptial agreement that deals to child custody or child support.

You could add anything you like to a prenuptial agreement, but the question is whether such a provision would be enforceable in any future proceedings. For example, one fault ground is cruelty.

A prenup can't include personal preferences. This might include provisions such as who has what chores, where to spend the holidays, whose name to use, details about child-rearing, or what relationship to have with certain relatives. Prenuptial agreements are designed to address financially-based issues.

As long as you and your spouse agree, your prenuptial agreement can be changed. To create an amendment to a prenup, you can either add to the original contract or sign a separate contract that modifies the terms of the initial agreement.