While you cannot include child support or child custody in a prenuptial agreement, you and your spouse can work to negotiate these terms in your settlement agreement, or the court can determine these issues for you if no agreement can be reached. In addition, life circumstances change, and modifications may be needed to make changes to orders for custody and support. The primary reason for this is simple: it is almost impossible to predict the needs of a child or what will be best for your child before they are born. Specifically, child custody and child support-related items are off-limits when creating prenuptial agreements. Child Custody & SupportĪnything related to your future children is something that typically cannot be included in your prenuptial agreement. Be sure to avoid including anything related to these items when creating your prenuptial agreement. A prenuptial agreement cannot cover everything one desires them to. While prenuptial agreements certainly offer great benefits to those who get them prior to their marriage, there are certain terms that, if included, are unenforceable.
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