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These documents need to be revised, refreshed, updated and reaffirmed through a post-nuptial agreement on a regular basis. This is advised every five years, but at the very least, couples should re-affirm their agreements every 10 years. Failing to do so could cause a prenup to appear stale and outdated to the court.

5 Things You Cannot Include in Your Prenuptial Agreement Nonfinancial Rules. Anything Illegal. Terms Involving Child Custody or Support. Unfair or Unreasonable Terms. Incentive for Divorce.May 23, 2016

First, a prenuptial agreement can protect future earnings.A little advance planning and a well-drafted prenuptial agreement can allow the spouse to keep the asset as his or her separate property in the event of a divorce. While future earnings can be protected, so can future debts be avoided.

A prenup can't include personal preferences, 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.

Deceitful Information: A premarital agreement is only valid if it's entered following full disclosure by each party concerning their income, any assets, and obligations. If one party provides the other party with information that isn't true, it invalidates the agreement.

The three most common grounds for nullifying a prenup are unconscionability, failure to disclose, or duress and coercion. Unconscionability may be present if the agreement is patently unfair to one party.Duress and coercion can also invalidate a prenup.

Prenuptial agreements waiving spousal pension rights don't work, because only a spouse can waive pension rights on a company plan under ERISA. A prenuptial agreement isn't signed by a spouse. It is signed by a fiance who isn't a spouse, even if the agreement is signed one second before the wedding.