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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

Putting the Agreement in Writing. Identify the parties and the document. After titling the document something like Premarital Agreement, you want to identify the two parties by full, legal names and state that they are both willingly entering into the agreement. State the intent of marriage.

Determine if you want the Prenuptial Agreement to apply to divorce, separate support and inheritance-related matters. You will need to figure out what is Separate Property which each of you have owned before your marriage and will remain Separate Property and which will be Marital Property.

Prenuptial Agreements must be in writing to be legally valid. Additional requirements for valid Prenuptial Agreements include: Both parties must voluntarily execute the agreement.The agreement cannot be unreasonably unfair to one of the parties.

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.

California's Prenuptial Agreement Law In California, individuals can draft their prenups.Additionally, once the prenup is created, each party has at least one week to seek independent legal counsel before signing. When both parties sign the prenup, it must be signed by a notary to be valid.

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.