When considering marriage, it’s natural to think about starting a family. When thinking of your future, especially a future with children, you may wonder whether there are ways to safeguard your parenting time. You may be reluctant to consider drafting a prenuptial agreement as it can be viewed as unromantic and suggest that your marriage will fail since you are already contemplating the end of the union. Nevertheless, a prenuptial agreement can protect you in numerous ways during a divorce. Therefore, couples often question whether they can address child custody in this legal contract. Please continue reading to learn whether you can add child custody provisions to a prenuptial agreement and how a skilled Nassau County Prenuptial Agreement Lawyer can help you today. 

Can I add child custody provisions to a prenuptial agreement?

While you can address financial decisions and other critical issues in a prenuptial agreement, you cannot address child custody. Even if your spouse agrees to your wishes, you cannot include child custody provisions in this legal contract. The primary issue with including child custody rights in a prenuptial agreement is that it may be unfair to a future child as it may not account for a child’s best interests. When determining custody arrangements, the court considers numerous factors to ensure a child’s needs are met. The primary concern of the court is the child’s best interests. This legal standard is upheld by the court to safeguard a child’s emotional, mental, and physical well-being.

While the court believes that it is in a child’s best interest to benefit from having a relationship with both parents, it may not be possible as one parent may be considered unfit as they cannot meet a child’s needs by providing a safe and stable living environment. As such, one spouse waving parental rights in a prenuptial agreement could negatively impact a child’s overall well-being.

What issues can I address in a prenuptial agreement?

Although child custody cannot be addressed in a prenuptial agreement, other issues can be addressed to prevent future conflicts. In a prenuptial agreement, you and your spouse can stipulate essentially who gets what in the event of a divorce. Property division is often one of the most contentious issues couples face when divorcing. As such, it is extremely beneficial to include distinctions between marital and separate property. Marital property will be subject to equitable distribution. Therefore, you can clarify which assets are separate property to ensure your hard-earned assets are not split. Furthermore, you can ensure you receive a fair share of your marital assets as you can dictate how your marital property will be divided.

Ultimately, creating a prenuptial agreement is the best way to safeguard your hard-earned assets and protect your future. Please don’t hesitate to contact an experienced lawyer from the Law Offices of Eyla Talassazan, P.C., who can help you explore your options.