Understandably so, you and your fiancé may want to take extra precautions for the future and create a prenuptial agreement. With this, you may wonder about the possibility of including a child custody clause for your future children. Continue reading to learn whether you can address child custody and how one of the experienced Bergen County prenuptial agreement attorneys at McNerney & McAuliffe can help you and your fiancé in establishing this document.
Is it possible to address child custody in a prenuptial agreement?
Unfortunately, child custody is an unenforceable term for a prenuptial agreement created in the state of New Jersey. And even if you insist on incorporating a child custody provision, the New Jersey family court will simply strike it out when referring to this document in your divorce proceedings.
This is because child custody is considered a matter of public policy. So, the court cannot and will not sign off on a contract that denies your child the opportunity to maintain a relationship with a fit parent. Rather, they will order an arrangement that works in the best interest of your child. Of note, the same goes for child support. That is, the court cannot and will not agree to a provision that denies your child the right to financial support.
If a divorce occurs in the future, and you do not want the court to have a final say on child custody and child support, then you and your spouse may negotiate a fair and just agreement on your own accord.
What else cannot be included in this document?
In addition to child custody and child support, there are many other subjects that your prenuptial agreement cannot touch. They are as follows:
- Provisions regarding anything prohibited by federal and state law.
- Provisions regarding any financial incentive for getting a divorce.
- Provisions regarding personal matters (i.e., details about child-rearing).
- Waivers of rights to alimony payments.
What can be included in this document?
A prenuptial agreement would sooner include financial provisions, such as those related to alimony and asset division. More specific examples are as follows:
- Protections against your spouse’s debts.
- Protections for your family heirlooms.
- Protections for your children from a previous marriage.
- Protections for your estate plans.
For these aforementioned reasons, the financial disclosure is one of the most important facets of a prenuptial agreement. This is the best way for you and your fiancé to fully prepare for the financial arrangement that you are entering into with your marriage. This is why a failure to be fully honest in your prenuptial agreement may make it inadmissible in court.
You and your fiancé must be proactive in pursuing your prenuptial agreement. This means reaching out to a skilled Bergen County family law attorney. Contact McNerney & McAuliffe today.