Prenuptial agreements can be very useful to couples who are going through a divorce. Instead of having to make all of the decisions during the divorce, which can be a highly stressful and emotional time, they make some of these decisions in advance. This way, they can make clear choices while they are still on good terms, and the way that the divorce is supposed to proceed will already be set, which can streamline the process.
You can imagine how useful this would be for things like splitting up assets. Maybe you want to define which assets go with which partner so that, in the event of a divorce, you clearly know how to divide the things that you own jointly.
If you are parents who have children together, you will need to address legal and physical custody rights if you divorce. Is it possible for you to put something like this in a prenup?
Custody issues are prohibited
No, you cannot include custody determinations in a prenup, even if both partners agree to the split. For instance, say that you want sole custody. Even if your spouse is more than willing to give it to you, and they say they will sign the prenup, this is still something that you legally cannot include.
Instead, you and your spouse need to decide how you want to handle custody during the divorce. If you cannot agree, the court can rule. But you are not allowed to make these decisions in advance, as that could lead to couples making custody choices for children who have not been born yet. The court needs to review the situation and focus on the child’s best interests at the time of the divorce.
Your legal options
In all these areas, it is important to understand both your rights and your legal responsibilities. Make sure you know what options you have and what steps to take moving forward.