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Rather, prenuptial agreements (prenups) can contain provisions referred to as cheating clauses, which can entitle one spouse to financial gain in the case that their partner commits infidelity.

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

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.

Amending or Releasing Your Prenuptial Agreement If you and your spouse decide that you no longer want your prenuptial agreement, you can cancel it by using a Release of Marital Agreement. You and your spouse must both sign the document and it must be notarized by a public notary for the cancellation to be valid.

False Information: A premarital agreement is valid only if it is entered into after full disclosure by both parties -- as to their income, assets, and liabilities. If one prospective spouse provides the other with information that is not true, the agreement is invalid.

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.

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.