Children and Prenuptial Agreements

I often get asked what can be included in a prenuptial agreement and if what they want to do is “odd” or “weird”.  You can do anything you want with a prenuptial agreement.  If you want to make everything separate before marriage, during marriage and/or after marriage, you can do so.  If you only want to keep certain things separate, you can do so.  One of the few things you cannot include in a prenuptial agreement are provisions regarding children, either existing or unborn.

You cannot make provisions for child support, child custody or visitation ahead of time.  This is because the standard for child related issues is always the best interest of the child.  And it is in the best interest of the child if we look at the situation at the time of divorce to determine child support, custody and visitation issues.

Think about it, if child issues were allowed in a prenup and is binding on all parties, then even if one parent abused the child, they would still be entitled to custody or visitation with the child simply because the prenuptial agreement says so?  That would simply not be right.

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