A prenuptial agreement, commonly referred to as a prenup, is a contract made between two individuals before their marriage. The document will outline various legal rights that each spouse will maintain if their marriage ends in divorce. Many couples choose to use a prenup to protect their assets and rights. While many topics can be included in a prenup, child custody is not one of them. If you are considering drafting an agreement before your marriage enlist the help of an experienced Oakland County prenuptial agreement lawyer and read on for more information.
What Can Be Included in a Prenup?
A prenup can address a variety of issues that may arise during the divorce process. It can be beneficial for both spouses as decisions can be made amicably and professionally. You and your spouse can do the following through the use of a prenuptial agreement.
- Divide assets including real estate, cars, jewelry, artwork, furniture, and more
- Divide debts and liabilities
- Determine what is considered marital property versus separate property
- Assign spousal support obligations and alimony payments
- Establish support for children from previous marriages
Seemingly anything can be addressed in a prenup. While many subjects can be settled during the negotiation process, some line items cannot be included.
Can I Include Custody in My Prenup?
There are a few subjects that cannot be included in a prenup. One of which is any issue regarding shared children. A court will not enforce child custody arrangements and financial support in a prenuptial agreement.
As long as both spouses agree, nearly anything is acceptable in a prenup. This means that a couple could potentially agree that in the event of a divorce, one parent will have no right to access their child or that they are not responsible for making child support payments. Spouses may include provisions that work against the best interests of their children, whether knowingly or unknowingly.
Because of this potential for unfair or inappropriate agreements, a court will disregard any part of the prenup that includes child support or custody. Only a court of law can make final decisions regarding children during a divorce. During the divorce proceedings, they will examine what custody schedule and financial plan would provide the child with the best chance at a happy, safe, and nurturing life.
How Can a Lawyer Help?
If you are considering signing a prenup before your marriage it is important to consult an experienced attorney. Your lawyer will ensure that all proper procedures are followed that make your prenuptial agreement enforceable. They can review the details of the agreement to make sure your rights are protected and negotiate to include stipulations that are important to you.
Because child custody and support will not be included in your contract, you will also need to acquire help from a skilled family attorney during your divorce. A custody lawyer is equipped with the knowledge and experience necessary to advocate for your wishes and protect your parental rights. The attorneys of Alan B. Cooper & Associates are prepared to offer specialized assistance for all your family law needs. Schedule your consultation today.