When two people decide to get married and spend the rest of their lives together, probably the last thing on their minds is getting divorced. While unpleasant to think about, preparing for what will happen if the marriage ends in a divorce or separation is smart for both parties. Prenups can include a variety of protections and stipulations regarding financial matters. Some may wonder whether child custody provisions can be included in a prenup. It is important to fully understand your legal rights and options when it comes to prenuptial agreements. Work with an experienced Union County child custody attorney to secure skilled legal advice and representation during your case.
What is a Prenup?
A prenup, formally known as a prenuptial agreement, is a legally binding contract signed by both parties before marriage. The main purpose of a prenup is to determine how the division of property, assets, and liabilities will be handled in the event of a divorce, separation, or other major life changes. Prenuptial agreements also often outline alimony arrangements.
According to NJ 37:2-34, a premarital agreement can include the following.
- The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
- The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
- The disposition of property upon separation, marital dissolution, dissolution of a civil union, death, or the occurrence or nonoccurrence of any other event;
- The modification or elimination of spousal or one partner in a civil union couple support;
- The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
- The ownership rights in and disposition of the death benefit from a life insurance policy;
- The choice of law governing the construction of the agreement; and
- Any other matter, including their personal rights and obligations, not in violation of public policy.
Can I Include Child Custody in My Prenup in NJ?
While New Jersey law allows a variety of topics to be covered in a prenuptial agreement, child custody arrangements are not one of them. Courts will not enforce any prenup clauses that outline child custody, as it is impossible for a couple to accurately predict or anticipate the child’s needs and best interests years in advance or even before the child is born.
New Jersey law prioritizes the best interests of the child when determining child custody arrangements. This standard is subject to change depending on the circumstances, family dynamics, child’s age and needs, parents’ capabilities, and more.
While the court may make custody decisions that align with the arrangements outlined in the prenup, the terms will not be automatically enforced without a thorough investigation. To learn more, reach out to an experienced family lawyer today.
