Prenuptial Agreement And Child Custody

At some point before the wedding, many couples plan to develop a wedding year as part of the wedding planning. Implementing a document like this is usually not done out of distrust of a potential spouse, but to protect yourself and your current or future children. One of the most common questions for engaged couples is: “Can children be written in a prenupe?” When stepchildren are involved in a previous relationship, the natural parent of the children wishes to ensure that any obligation to assist these children is expressly recognized and intended as a legitimate community expense for the property. Arrangements can also be made for the care of the in-laws; If the woman has custody of her children from a previous relationship, she can negotiate with her husband an agreement that the children will continue to live with them. You can also decide what the monetary rules will be and what the new husband`s obligations will be to these children, etc. It is not possible to determine in advance the custody of children as part of a marriage pact, because in the event of a divorce, the courts must make such decisions in the best interests of the child. The court is not bound by prior agreements between the parties if they find that the agreement reached is not in the best interests of the child. The parties can agree, but if the court does not agree with these regulations, they will simply ignore them. Many couples who decide to establish a marriage wonder if children can be written in a prenupe. Since previous years have been concerned almost exclusively with financial matters, they cannot legally limit children`s aid or rights. The best interests of a child are decided in the circumstances at the time of the decision and not in advance.

A prenup might say that Mom will have primary custody, but years later, she could be an active alcoholic or an addict. Life is changing and it is impossible to predict what will be best for a child in unknown future circumstances. Each couple can generally find consciousness in a conjugal agreement, with the exception of those who make erroneous agreements on the basis of a misunderstanding of the law. While marital agreements offer many important safeguards to potential spouses, these agreements recognize very strict limits on what they can and cannot govern in the event of divorce. Individuals with children with previous relationships who have high net worth, who have already created trust funds or who hold property on their behalf, individually or with someone else who is not your future spouse, should in any case discuss the implementation of a conjugal agreement with one of our family rights advocates. , since, in these particular circumstances, individuals tend to benefit from these contracts significantly. However, it can be difficult to take advantage of these benefits if the prenup is not executed properly or does not contain specific legal terminology that is needed to make your spouse more difficult to argue later should not be valid. Discussing marriages with an experienced family lawyer can help you prepare for the legal and financial consequences of marriage. With over 35 years of exclusive family law experience, our dedicated team can help you design a fair and valid pre-marriage contract that protects your future.

Contact Jones Law Firm, PCto to learn more about marriage contracts.