Can Custody Arrangements Be Included in New Jersey Prenups?
If you are getting married, understanding how prenups work and whether you can include child custody arrangements is crucial in protecting your future children and yourself. Continue reading and speak with a knowledgeable Morristown prenuptial agreement attorney for skilled legal advice today.
What is a Prenup?
A prenup (prenuptial agreement) is a legally binding contract that a couple may enter into before getting officially married. It is designed to protect each party’s financial interests and outline how certain matters will be handled if the marriage ends in divorce or separation.
Prenups are generally used to decide how assets and debts will be divided, and determine whether either spouse will receive or pay alimony. However, couples often include additional provisions.
Can Custody Arrangements Be Included in NJ Prenups?
In general, child custody arrangements cannot be included in prenups in New Jersey. While the couple may choose to write anything in their contract, the terms of custody will generally be rejected and not enforced by the court upon the separation or divorce.
Only financial matters are enforceable in a prenuptial agreement. A couple may choose to include certain stipulations related to future children like each party’s financial responsibilities to them, how they want them to be raised, and how parenting responsibilities will be split. However, the final decision regarding all matters related to the child will be made by the court at the time of the separation or divorce.
How is Custody Decided in NJ?
Because custody arrangements outlined in prenuptial agreements are not enforceable, it is important to understand how these decisions are made. At the time of a separation or divorce, parents are encouraged to create their own custody plan and submit it to the court for review. The reason that this is acceptable but not a prenup is because the plan the parents draft will be made knowing the current circumstances and the child’s needs.
Ultimately, only the courts have the authority to make final custody decisions and it can accept or reject the parents’ proposal. If rejected, the court will create an arrangement that prioritizes the child’s best interests, based on the following important factors.
- Both parents’ ability to communicate and cooperate with each other
- Both parents’ willingness to accept custody of the child
- The relationship the child has with their parents and siblings
- Whether either parent has a history of domestic violence
- The safety of the child with both parents
- The child’s preference, based on their age and maturity
- The needs of the child
- The stability offered by either parent
- The quality and continuity of the child’s education with either parent
- The fitness of each parent to have custody
- The geographical location of the parents’ homes
- The extent and quality of time spent with the child before or after the separation
- The parents’ job responsibilities
- The age and number of children involved
Much of this information will not be known at the time that the prenup is signed. Prioritizing the child’s needs and well-being is paramount. For more information, work with a skilled family lawyer at Lazor Rantas, PC.
