While you and your fiance are busy planning your wedding, there may be one thing you’re forgetting. Though it may not seem romantic, taking the time to have this discussion is critical. If you and your partner decide this is in your best interest, it’s important to understand what can and cannot be included in this document. One common source of confusion for many is whether or not they can include child custody terms in prenuptial agreements. If you have questions about this matter, you’ll want to keep reading to learn more and discover how Nassau County prenuptial agreement lawyers can help you create the most effective document for your needs.
What Is a Prenuptial Agreement?
A prenuptial agreement is a legally binding contract a couple will sign before they are legally married. This essentially details what will happen to their separate property in the event they divorce. In addition to property division, a prenuptial agreement can also cover matters like spousal support duration and amount.
Unfortunately, many assume that you must be wealthy or have a considerable number of assets to create a prenuptial agreement, which is far from the truth. In reality, anyone can benefit from a prenuptial agreement, as it helps protect your property and speeds up the divorce process, as the terms and conditions of your divorce are already determined.
Is It Possible To Include Terms About Child Custody in Prenuptial Agreements?
If you are interested in creating a prenuptial agreement, it’s important to understand that you cannot include terms and conditions regarding child custody. This is because these matters are ultimately determined by the courts.
For example, if you and your spouse can work together to determine a child custody schedule and do not have a prenup the judge must still approve the plan for it to be legally binding. They will do this by examining whether or not the plan is in the best interest of the child. However, when you create a prenuptial agreement, it is a legally binding document already. As such, any terms and conditions cannot be changed by the courts. As circumstances change in your marriage, the parenting plan you previously established may no longer be in the best interest of the child. Because of this, the courts do not allow terms and conditions related to child custody to be included in the prenuptial agreement. If you have terms regarding child custody in your prenuptial agreement, that portion of your prenup will be deemed invalid.
When you and your fiance are ready to create a prenuptial agreement, it’s in your best interest to connect with an experienced family law attorney from Barrows Levy, PLLC. Our team understands how complicated creating a prenuptial agreement can be, which is why we are ready to assist you through this process so you can achieve peace of mind for the future. Contact us today to learn more.
