For many, wedding planning can be incredibly stressful. Between finding the perfect venue and creating a guest list to contracting vendors and ensuring you have all the final details planned, it can feel as though you have no time for anything else in the months leading up to your wedding. However, amid the hustle and bustle of planning your perfect nuptials, you may want to stop and consider the future. Creating a prenuptial agreement has several important benefits for both parties, which is why it’s in your best interest to consider one. However, before you start writing the terms, it’s imperative to understand the matters that can and cannot be included in these contracts, including child custody. The following blog explores what you should know about these documents and the importance of working with Nassau County prenuptial agreement lawyers.
What Are Prenuptial Agreements?
A prenuptial agreement is a legally binding document a couple can create before they are married that documents the terms and conditions should they file for divorce at a later date.
Unfortunately, you’ll find that many believe that these are a sign that a marriage is doomed to fail. However, these have a number of benefits, including the ability to ensure both you and your spouse are on the same page regarding your financials, as this requires full disclosure about all debts and assets. Additionally, it can help provide a sense of security that, in the event of a divorce, both parties are protected. Finally, it can help speed up the divorce process, as there is no need to go through a drawn-out divorce to determine the details of this matter.
Can a Prenuptial Agreement Discuss Matters Related to Child Custody?
It’s imperative to understand that New York, like other states, does not accept terms and conditions related to child custody in prenuptial agreements. Unlike other matters, such as alimony or property division, which can be determined ahead of time, child custody is not something that can be decided on prior to the actual separation of a couple. This is because the courts believe that the best interest of the child must be determined at the time of the divorce.
For example, if you and your spouse were permitted to include child custody in your prenup and decide that it should be split evenly, this may make sense at the start of your marriage. However, if one spouse develops a drug addiction and is no longer fit to have custody, this contradicts the legality of the agreement. As such, to avoid these issues, the court will not accept any matters related to child custody in a prenuptial agreement.
Creating a legally binding and fair prenuptial agreement is critical to protecting your best interests. That is why working with an experienced family law attorney with Barrows Levy PLLC is imperative. Our team understands that navigating these matters can be incredibly overwhelming, which is why we are dedicated to fighting for your best interests. When you need help, do not hesitate to contact our team to learn more about your legal options.
