When you and your soon-to-be spouse are getting ready to say “I do,” the last thing on your mind is divorce. However, if you are in the wedding planning process, taking the time to consider whether or not a prenuptial agreement is in your best interest is critical. Unfortunately, there are many misconceptions regarding these documents which can impact whether or not one is right for you. One common source of confusion surrounds child custody and prenuptial agreements. If you’re unfamiliar with this aspect, you’ll want to keep reading to learn what you must know before creating this document and why connecting with a Somerset County Family Law attorney is in your best interest.
What Is a Prenuptial Agreement?
A prenuptial agreement is a document a couple will create before they are legally married. This details what will happen in the event they get a divorce. Often, this is used to help protect the separately owned assets of each spouse, which is something that can cause contention during the property distribution phase of divorce proceedings. Additionally, prenups can include terms related to alimony, such as which spouse can receive support, how much payments will be, and how long they will last.
There’s a common misconception that only those with significant wealth or assets can benefit from creating a prenup, which is far from the truth. In reality, this is beneficial not only because it can help protect you in the event you divorce, but it can also help speed up the divorce process, which is something many people find beneficial.
Can Terms About Child Custody Be Included in Prenuptial Agreements?
Something many are unaware of and discover during the prenuptial agreement drafting process is that terms regarding child custody cannot be included in these documents. This is because the New Jersey courts ultimately have the final say in matters like child custody. Additionally, when you create the agreement, circumstances may change, and what was written in the agreement may no longer be viable. This is because the courts must take the child’s best interest into consideration.
When you and your spouse divorce without a prenup and agree on a child custody matter, the courts must still approve it. However, if you place it in a legally binding document, the courts cannot alter the agreement. As such, if matters involving child custody are included in your prenuptial agreement, the courts will deem your agreement invalid.
If you and your fiance are ready to create a prenuptial agreement and want to ensure it is legally valid, it’s critical to connect with an experienced family law attorney from the Siragusa Law Firm. Not only can we help you create a prenuptial agreement, but we can also assist in matters related to child custody. When you need help, our firm is here. Connect with us today to learn more.
