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Do lifestyle provisions have a place in your prenuptial agreement?

| Feb 17, 2021 | Family Law |

Many couples approaching their wedding date will take the time to draft a comprehensive prenuptial agreement. These documents, often called marital contracts or simply shortened to prenups, are designed to help each party clarify the non-marital assets they are individually bringing into the marriage. While a prenup can often be a detailed contract, there are certain conditions that should never be included.

There are numerous humorous anecdotes circulating on social networking sites and various entertainment mediums surrounding prenuptial agreements. Unfortunately, while these scenarios were created in jest, many people take the notion seriously. Some examples of a lifestyle provision can include:

  • Sexual intimacy: From the development of a schedule to imposing a number of instances, couples cannot include this in a prenup.
  • Workout regimen: Couples cannot include stipulations regarding running, jogging, weight-training or cardio exercise in the contract.
  • Weight loss or weight gain: Either party might fear the other person gaining or losing weight over the course of the marriage. Attempting to contractually tie them to a particular weight under the threat of penalty is forbidden.
  • Diet: A couple cannot stipulate in the prenuptial agreement dietary choices whether it means what must be eaten or what cannot be eaten.
  • Personal appearance and body modifications: One party might want to express himself or herself with a change in hairstyle, a change in hair color, a tattoo or an exotic piercing. Terms encouraging or forbidding these actions cannot be used in a prenuptial agreement.
  • Vacation destinations: While the couple might agree they would like to visit Paris every third spring, this provision cannot be included in a prenuptial agreement.

The crux of the lifestyle provision could lie within the parameter of: I want you to remain the person I fell in love with. Unfortunately, these provisions are likely to get the prenuptial agreement rejected by the Colorado legal system. The prenuptial agreement is designed to clarify financially-based issues, rather than personal or relationship issues.

It is crucial to discuss these issues with an experienced family law attorney who can answer your questions and provide the guidance you need.

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