Prenuptial agreements have become more common in recent years. Younger generations are largely more accepting of prenuptial agreements, and older couples may have already experienced divorce once. As such, they may recognize that a contract signed before marriage could be highly beneficial.
Most prenuptial agreements focus primarily on financial and practical matters, especially the issues that arise during divorce. However, some people want to include far more personal and even intimate details in their prenuptial agreements. They may outline their expectations for their spouse and the marriage. In some cases, doing so might do more harm than good.
Personal provisions are usually not enforceable
The family courts can uphold appropriate and reasonable economic provisions in prenuptial agreements during divorce proceedings. Provided that the agreement itself is valid, the spouses may have an obligation to uphold the terms that they set prior to marrying.
The inclusion of personal demands in a prenuptial agreement could potentially complicate the situation. For example, there have been high-profile celebrity divorces involving shocking prenuptial agreements. If one spouse includes a provision demanding compensation if their spouse gains weight, the courts generally do not enforce such terms.
In scenarios involving egregious or even abusive demands and prenuptial agreements, the courts may determine that inappropriate inclusions might invalidate the entire contract. It is valuable to discuss expectations for the marriage while negotiating a prenuptial agreement. Doing so can set a couple up for a stronger relationship. Still, the contents of the prenuptial agreement itself should focus primarily on practical matters.
Understanding what belongs in a prenuptial agreement and what does not can make a major difference for couples trying to protect themselves. Highly-personal details generally are not enforceable in many jurisdictions, and might actually weaken an entire contract.