When you and your fiancè are getting ready to tie the knot, it’s wise to consider taking extra precautions to secure your financial future by establishing a prenuptial agreement. This legal document can serve to clarify financial decisions and protect individual assets in the event of a divorce. As part of this agreement, you may contemplate the inclusion of a child custody provision. Please continue reading to learn whether you can address child custody and how our experienced Edison Prenuptial Agreement Lawyers can help you draft an agreement that fairly reflects both of your interests.
What is a Prenuptial Agreement?
A prenuptial agreement, commonly referred to as a “prenup,” is a legally binding contract that spells out how a couple’s assets, debts, and spousal support will be handled in the event of a divorce. Essentially, this document protects each party’s financial interests should the marriage fail. Prenuptial agreements have always been a controversial topic for couples. They are typically viewed as a resource for high-networth individuals. However, when carefully planned and used correctly, a prenuptial agreement can be used as a means to ensure a fair way of disbursing assets and responsibilities.
Can I Include Child Custody Provisions?
Unfortunately, child custody cannot be included in a prenuptial agreement. This is because child custody is considered a matter of public policy, meaning the courts will not enforce a contract that prevents a child from having a relationship with a fit parent. The court’s role is to act in the child’s best interests. The court will consider various factors when deciding child custody including the child’s relationship with each parent, their physical and emotional needs, each parent’s ability to provide a stable environment, and more.
When you really think about it, it’s not appropriate to make decisions about child custody or visitation years in advance, as life can be unpredictable and your circumstances can change in the blink of an eye. If a prenuptial agreement includes child custody provisions, the judge will likely strike it down. The same goes for child support as the court cannot agree to a provision that denies a child the right to financial support. Nevertheless, if a divorce occurs in the future, and you don’t want the court to intervene, then you and your partner may negotiate a fair agreement on your own accord.
If you require assistance drafting this contract, please don’t hesitate to contact our knowledgeable Edison family lawyers for help. At Arndt, Sutak & Miceli, LLC, we are prepared to help you create a valid and enforceable prenuptial agreement. Connect with our firm today.
