If you are getting married, it is important to understand the uses and limitations of prenups, especially when it comes to child custody and related issues. For more information and skilled legal representation, reach out to a York County, PA child custody attorney today.
What is a Prenup?
Prenuptial agreements, commonly referred to as prenups, are legal contracts two people can enter into before getting married. This type of document is designed to establish how certain financial matters will be handled if the marriage were to ever end in divorce, death, or some other unexpected way. The contract will state how the couple’s assets and debts will be distributed, whether one spouse will pay alimony to the other, and more.
Can PA Prenups Include Child Custody Terms?
Prenups can be important tools for protecting each individual’s financial interests and setting expectations for the future, but it is important to understand their limitations. Pennsylvania law does not allow couples to make agreements about child custody or visitation before a separation or divorce, so no, custody terms cannot be included in a prenup.
The child’s interests always come first in Pennsylvania, and courts are required to make decisions based on what is best for the child. The parents’ preference is not relevant. The future is also incredibly unpredictable. A prenup signed before marriage cannot accurately predict future circumstances like where the couple will live, the child’s needs, health issues, etc. What may seem fair or reasonable at the time of a prenup will likely not apply years later.
Only a court has final authority to set the terms of child custody, and it will do so after evaluating all relevant factors during a separation or divorce.
What Can I Include in a Prenuptial Agreement?
While the terms of a child custody agreement cannot be included in or enforced through a prenuptial agreement, there are many topics that can be. In general, financial matters that have reasonable terms will be considered legitimate.
The following elements can generally be included in a prenup in Pennsylvania.
- The rights of each party to the property of either or both of them
- How the division of assets and debts will be handled if the couple divorces
- Each party’s right to buy, use, spend, or sell assets during the marriage
- Either spouse’s right to alimony or spousal support
- Each party’s right to the inheritance or gifts of the other
- The making of a will, trust, or other arrangement to carry out the provisions of the agreement
- How the death benefits from a life insurance policy will be handled if one party dies
- How business assets and matters are to be managed
- Any other matter not in violation of public policy
As long as the prenup is entered into voluntarily and with full disclosure by both parties, the above terms will generally be enforced by a court.
