Can I Include Child Custody In a Prenuptial Agreement?

A prenuptial agreement can be used to protect yourself and your assets if your marriage ends. This document can lay out a bunch of rules for what would happen in the event of a divorce. So does this mean that couples with children can put custody in a prenup? To put things simply, no. That is not something that you can or should try to do. Our Morristown prenuptial agreement attorneys can help you figure out what should go in your agreement and then we’ll help you write a legally binding document.

Why Can’t I Put Child Custody in a Prenup?

You can’t put child custody in a prenup because this is a matter for the court to address. This kind of arrangement should be determined with the fitness of each parent and the best interests of the children in mind. You don’t get to decide what will happen to your kids years in advance. The court has to evaluate the present situation.

What Happens if There’s a Provision About Custody in a Prenup?

If you do decide to put something about child custody in a prenup, the court is probably just going to throw it out. In many cases, this means that just the offending provision will be struck from the prenuptial agreement, allowing the rest to be enforced. However, in some situations a judge will decide that the entire prenup needs to be thrown out! Now you’re going into a divorce with fewer protections for your assets and the possibility of facing a long, drawn-out negotiation process.

It’s also important to note that child support cannot be a part of your prenup. You can’t predetermine how much a child will need in support. This is another provision that’s likely to be thrown out.

What Should My Prenup Include Instead?

New Jersey sees prenuptial agreements as a way to address financial matters. Your agreement should cover things like:

• Division of assets
• Who keeps family heirlooms
• What kind of method will be used to negotiate your divorce, like mediation or arbitration
• Alimony plans
• How children from previous marriages will be protected
• How individual debts will be treated

Do I Need a Lawyer?

You can draw up a prenuptial agreement yourself, but we don’t recommend it. You want to make sure that you have a legally binding agreement. We can help you avoid common mistakes like putting child custody in a prenup and make sure that you are getting a fair deal.

Contact Our Family Lawyers

Whether you are ready to write a prenuptial agreement or you need help negotiating child custody arrangements during a divorce, we’re here for you. Contact Lazor Rantas, PC and ask to schedule a consultation with our team.