Can I Include Child Custody Terms in a Prenuptial Agreement?

When you and your partner decide to tie the knot, you’ll need to invest a considerable amount of planning into not only the wedding, but also your future. This includes having important discussions regarding matters like shared finances, children, and even whether or not a prenuptial agreement is right for you. If you decide that establishing one is right for your relationship, you may wonder what can and cannot be included in this document. One matter many are unsure of is whether or not child custody terms can be included in a prenup. If you want to learn more about this matter, the following blog and New Jersey family law attorneys can assist you through these complicated and difficult legal matters.

What Is a Prenuptial Agreement?

A prenuptial agreement is a contract created by a couple before they are legally married that details how different matters of their divorce will be handled. This not only ensures that each party can protect their personal property in the event of a divorce, but it also helps speed up the divorce process, as these matters are already determined. Typically, prenups detail matters like property division and alimony, helping each party feel secure in the future of their finances.

Can Child Custody Terms Be Included in This Contract?

If you and your spouse have decided that establishing a prenuptial agreement is right for your marriage, you may wish to include terms related to child custody. However, it is imperative to understand that this is not permitted.

In New Jersey, the court reserves the right to make decisions for the child based on what is in the best interest of the child at the time of the divorce. While you and your spouse may be able to negotiate the terms of custody while in a divorce, you’ll find that pre-establishing them before you are legally married is not permissible. As such, to ensure that the best interest of the child is considered when a couple divorces, the courts will not accept any custody arrangements determined at a time other than during the divorce.

You should note, however, that the court likely won’t invalidate your prenuptial agreement if it has matters related to child custody in it. Instead, they may simply not enforce that section of the order, deeming those particular terms invalid.

Creating a prenuptial agreement can be incredibly confusing, with many different matters that must be taken into consideration. As such, it is in your best interest to connect with an experienced attorney with Haber Silver Russoniello & Dunn to discuss your legal options. Our team understands how important protecting both your children and assets is, which is why we will do everything in our power to help you navigate these difficult times. When you need help, contact our team today to learn more.