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Custody agreements: Are they allowed in a prenup?

Residents of New Haven and other parts of Connecticut may want to learn more about whether custody agreements can be part of a prenup. You can and cannot include certain things in this document to specify what happens if the marriage ends in divorce. Businesses may receive protection in this type of agreement, but matters relating to children are off-limits.

Custody agreements are not allowed in the prenup

Provisions that deal with child support or child custody are not allowed. The court will decide child support based on the interests of the child when the divorce takes place. However, you may make provisions for children from a previous relationship regarding inheritance in a prenup.

Courts will not uphold any provision regarding child support or custody if it is a part of the prenup. Visitation is also considered a matter of public policy and is not allowed in a prenup.

Help from someone who knows family law may be necessary when considering the prenup. Other issues that may not be part of a prenup include the following:

  • Provisions that encourage divorce
  • Provisions that detail anything illegal
  • Waivers to give up alimony
  • Personal, rather than financial, matters

What may you include in the prenup

This legal document describes the responsibilities of the spouses. It may include issues such as the separation of businesses, retirement benefits, income taxes, putting a spouse through school, joint bank accounts, arrangements regarding investments such as a house and much more. A prenup can list distinctions between separate and marital property. Protection against the debts of the other spouse may be part of a prenup. Protection to keep family property within the family is also allowable, as is estate plan protection. You may also give directions for property distribution in the prenup.

If you need help with writing a prenup, it may be wise to consult an attorney with experience in family law. They may help you achieve peace of mind for yourself and your family.