If you are getting married and are considering signing a prenup, it is important that you understand its uses and limitations. Many couples wonder whether prenuptial agreements can include child custody arrangements. To learn more and secure skilled representation, contact an experienced Bergen County family lawyer today.
What is a Prenuptial Agreement?
A prenuptial agreement, or prenup, is a contract between two individuals who are planning to get married. It is signed before the nuptials (hence the name), and is designed to outline the financial arrangements that will be made if the marriage ends in divorce, separation, or some other unexpected way.
While prenups were originally created to protect each party’s finances, couples often want to include provisions for other matters related to the marriage and its possible end.
Can Prenuptial Agreements in NJ Include Child Custody Terms?
In New Jersey, child custody terms cannot be included in a prenuptial agreement. The state’s family law system prioritizes the child’s best interest over everything else, meaning that custody decisions must be made by the court based on factors that reflect the child’s needs and well-being.
During a separation or divorce, the parents can draft a custody arrangement to be reviewed and approved by the court. However, agreements that were made years prior or before the child was born will not be enforceable as they will likely not reflect the true circumstances of the family and the child’s best interests.
Prenups can include general ideas of how the couple intends to share parental responsibilities, how they want their children raised, and each individual’s financial responsibility to their future children, but it is important to understand that the court will make the final decision regarding all matters related to the child.
What Can Be Included in My Prenup?
Now that it has been established that child custody cannot be included in a prenup, it is important to understand what can. Most financial matters are allowed and enforceable. Consider the following elements, as outlined in NJ Statutes 37:2-34.
a. “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;
b. 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;
c. The disposition of property upon separation, marital dissolution, dissolution of a civil union, death, or the occurrence or nonoccurrence of any other event;
d. The modification or elimination of spousal or one partner in a civil union couple support;
e. The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
f. The ownership rights in and disposition of the death benefit from a life insurance policy;
g. The choice of law governing the construction of the agreement; and
h. Any other matter, including their personal rights and obligations, not in violation of public policy.”
For more information on your rights and obligations regarding a prenup, reach out to a skilled attorney at Feitlin, Youngman, Karas & Gerson, LLC today.
