Can I Include Child Custody in a Prenuptial Agreement?

While it is undoubtedly an exciting time in your life, planning a wedding can be incredibly complicated. From finding the perfect venue to say your “I dos” to figuring out what to say in your vows, this can be an overwhelming process. However, among the florals and dress shopping, there may be one important matter you’re forgetting – a prenuptial agreement. If you and your spouse have decided this is right for you, you may want to include terms related to child custody in your prenuptial agreement. However, you must understand what matters can and cannot be included in this document. The following blog explores what you should know and the importance of working with New Jersey prenuptial agreement attorneys to discuss your legal options.

What Is a Prenuptial Agreement?

A prenup is a legal document created by a couple before they are legally married that serves to detail the terms and conditions of a divorce should they decide to file. This generally includes matters related to division of property, business ownership, and alimony.

Unfortunately, there are many misconceptions regarding these documents. It’s often assumed that a couple who has a divorce plan before they are even married is bound to fail, which is far from the truth. In reality, creating a prenuptial agreement can help strengthen a marriage, as it first and foremost requires both spouses to understand the full scope of the other’s finances. This is because it is required to provide information about all assets and liabilities prior to the creation of the document.

In addition, a prenup can help provide a sense of safety and security for the parties, as both know that should anything go wrong, they will be taken care of. Finally, this document is beneficial because, in the event the couple should divorce, the terms and conditions are already established, helping to speed this process up.

Can a Prenuptial Agreement Discuss Child Custody Matters?

If you and your spouse want to create a prenuptial agreement, you may want to include matters related to child custody. However, it is critical to understand that this is not permissible in New Jersey or any state. The court adheres to the “child’s best interests” standard when determining matters like alimony or child support. Essentially, this means that the court will prioritize what is in the best interest of the child for their health, well-being, and happiness, above the wants and requests of the parents if they cannot agree on a matter themselves. As such, the courts have found that the best interest of a child cannot be determined at any point prior to the separation, as this provides the clearest picture regarding the family structure and ability of both parents.

As you can see, creating a prenup can have a multitude of benefits. That is why it’s in your best interest to connect with an experienced attorney with Haber Silver Russoniello & Dunn to walk you through the process of ensuring your prenup is not only legally binding but also represents your best interests. If you’re ready to begin this process, do not hesitate to contact our firm today.