Rubinstein & Holz | Family Law Attorneys

Can I dictate child support or custody in a prenuptial agreement?

Prenuptial agreements are a very useful tool when planning your marriage, especially for those with significant assets they wish to protect. However, many couples risk weakening their agreement by including terms that a court is likely to reject, especially when it comes to child-rearing after a divorce.

While courts do prefer for parents who divorce to create a parenting and custody plan they can agree to together, courts do not allow parents to dictate the terms of child custody, and do not recognize clauses in a prenuptial agreement that seek to establish terms of child custody preemptively. Among other reasons, this is done to protect the best interests of the child, especially if the child is of age to have an informed opinion about his or her own custody preferences.

Similarly, while a prenuptial agreement may prove useful in protecting certain assets for specific children, it cannot include terms that dictate child support. Child support terms are set by the court, upon reviewing the finances of each spouse and other factors. It is the right of the child to receive the support, not the right of either parent to determine it.

If you and your future spouse hope to create a prenuptial agreement that represents your wishes and protects your rights and privileges, it is important to make sure that you have sufficient legal guidance. Professional guidance from an experienced attorney ensures that you understand your rights and the tools you have available as you create a prenuptial agreement that represents your marriage's priorities and protects the one you love from the unknown.

Source: FindLaw, "What Can and Cannot be Included in Prenuptial Agreements," accessed Jan. 19, 2018

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Rubinstein & Holz | Family Law Attorneys

Rubinstein & Holz
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