Despite your excitement, planning a wedding can be incredibly stressful. From picking the perfect venue to saying your vows to contracting all your vendors, you may be overwhelmed by this process. While you may be focused on making sure your wedding day goes smoothly, there may be one aspect of getting married you’ve forgotten to consider – what should happen in the event you divorce. Though you may not want to think about this possibility, planning for the future is critical. As such, you may want to discuss these matters with your spouse to determine if this is right for you. If so, the following blog explores more about this matter, including whether or not a prenuptial agreement can include child custody terms. In addition, you’ll discover the importance of working with Long Island prenuptial agreement lawyers to help you during this process.
What Is the Function of a Prenuptial Agreement?
A prenuptial agreement is a legally binding document that a couple will create before they are wed that details the terms and conditions of their divorce in the event they should file.
Unfortunately, prenups often have stigmas, as many believe planning for a divorce before you are even married is a sign of a doomed marriage. However, this is far from the truth. In reality, creating a prenup helps to ensure that you and your spouse are on the same page, as it requires full financial disclosure of all assets and liabilities. Additionally, it can help you and your spouse as you will both feel protected and secure.
Are Child Custody Terms Allowed in a Prenuptial Agreement?
While many terms and conditions are eligible for inclusion in a prenuptial agreement, like matters regarding property division and alimony, it is critical to understand that you are unable to include matters related to child custody or child support in a prenuptial agreement. This is because the court believes the child’s best interest, which is the standard used to determine custody during a divorce or breakup, can only be decided based on the circumstances at the time of the divorce.
As such, if you include any matters related to child custody in your prenuptial agreement, you’ll find that the court can render that portion of your prenuptial agreement invalid, meaning you would need to renegotiate custody based on your current circumstances or leave it up to the court to decide how this matter should be handled.
Navigating prenuptial agreements can be challenging, as you’ll need to ensure the terms and conditions you’ve included are not only legally binding but also represent your best interests. That is why working with an experienced family law attorney with the Sklavos Law Firm is critical. Our team understands how difficult these matters can be to navigate, which is why we are committed to assisting you through these troubling times. Contact us today to learn how we can assist you.