Should you get a prenup to ensure you get custody?

On Behalf of | Dec 1, 2022 | Prenuptial Agreements |

You’re getting married and already planning to have children with your new partner. Perhaps you’re already pregnant and this is part of the reason for the marriage. Either way, your children are going to be a big part of this relationship.

You also know that roughly half of all marriages end in divorce. You’re worried that this could happen in the future and that your ex will try to get sole custody so you cannot see your kids. You’ve already asked them if you can use a prenuptial agreement to ensure that you keep your assets. Should you also get a prenup that assigns child custody to you in the event of a divorce?

Prenups are only for financial decisions

It is good that you understand the importance your children will have and you want to secure a safe and stable future for them. However, a prenuptial agreement is not the way to do this. You are not allowed to include provisions about child custody in this agreement.

The idea behind this is simply that it’s best for children to see both of their parents, not just one or the other. If one parent signs a prenup, and the court honored that, it would mean that one parent was being cut out of the child’s life against their wishes. The court is not going to agree to this type of order because they are always focusing on the child’s best interests during a divorce. If your prenup does include a clause about child custody, this can mean that it will be thrown out of court.

It’s very important for anyone who wants to use a prenup to understand exactly what it can and cannot do.


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