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In most situations, divorce court judges don't show much interest in what's fair; so long as both parties agreed to the prenup, they will uphold it. However, if a prenuptial agreement is extremely lopsided, with one party getting everything and the other receiving nothing, it could be thrown out.

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.

This is because in California, infidelity clauses are unenforceable. California is a no-fault divorce state, which means either person can get a divorce for no reason.Infidelity Clauses are Unenforceable in Divorce Court.

A prenup cannot include child support or child custody issues. The court has the final say in calculating child support.A court would never uphold a provision of a prenuptial agreement that dealt with child support, child custody, or visitation, because these are issues of public policy.

Items to Include A valid prenuptial agreement specifies what will, and will not, be considered marital property, protecting each parties personal assets. Saving and Spending Strategies A prenuptial agreement should address the couple's future financial plans, including investment and retirement strategies.

In a prenuptial agreement, full disclosure is required in relation to the assets that are owned by both parties. The agreement may include a schedule of you and your spouse's assets to show that the contract was put in place with full disclosure by both parties.

A prenup should have both parties represented by separate lawyers and it is vital to make sure there is a complete and full disclosure of liabilities and assets and the marriage is being entered into between two consenting adults.These are all primary aspects of a good and healthy prenup.