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5 Things You Can't Include in Your PrenupIndividuals entering into their second marriage.Individuals who have children from previous relationships.Individuals who have large debts, businesses, or personal investments.Couples who have significant differences in age or income.Jun 5, 2014

However, prenuptial agreements can be drafted to protect both parties.In California, what each person owns before they start a marriage remains theirs upon divorce. This is called separate property.

Full financial disclosure is one of the 5 requirements of creating a prenuptial agreement. You may wonder why this is a necessity. Full financial disclosure is necessary so both spouses know exactly what kind of agreement they are entering into.The assets that had been protected in the prenup may now be up for debate.

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.

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.

You can keep your finances separate: Without a prenuptial agreement, even a separate bank account will be considered marital property in a divorce. You can keep your finances truly separate with a prenuptial 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.