Before tying the knot, many couples contemplate creating a prenuptial agreement. This legal document can provide certain protections, as you can stipulate how your assets, debts, and spousal support will be handled in the event of divorce or death. While establishing a prenutpial agreement comes with various benefits, there are limitations to what can be included in this contract. Many couples wonder whether they can include child custody provisions. Please continue reading to learn what can be included in a prenutpial agreement in New York and how a dedicated Suffolk County Prenuptial Agreement Attorney can help you today.
What is a Prenuptial Agreement?
A prenuptial agreement, commonly known as a prenup or premarital agreement, is a legally binding contract entered into by a couple before a civil union that enables them to specify asset ownership and property distribution terms that will be enforced should the marriage fail. Essentially, it is intended to protect each party’s financial interests. Prenuptial agreements must satisfy certain requirements to be enforceable in New York. To ensure that a prenutpial agreement is valid in the state, it must meet the following criteria:
- Written
- Notarized
- Both parties disclose all financial information
- Fair and just to both parties
- Executed before marriage
- Voluntarily signed by both parties
Can I Address Child Custody in a Prenutpial Agreement?
Generally, a prenuptial agreement considers matters such as the division of assets, and spousal support, among other financial matters. However, it cannot address child custody. Even if you and your spouse agree on a custody arrangement, you cannot include child custody provisions in a prenutpial agreement in New York. This is because the court has to determine the child’s best interest.
The court uses the “best interest of a child” standard to ensure the child’s needs are met. It is intended to promote the child’s overall well-being and security. New York courts will take numerous factors into account, including each parent’s ability to meet their children’s needs, employment responsibilities, living station, and other significant components that could affect the mental, physical, and emotional development of a child. Unless proven otherwise, the court generally believes that it’s in a child’s best interest to have a relationship with both parents. If one parent waives their parental right in a prenuptial agreement it could negatively impact the child as the other parent may be deemed unfit.
Although you cannot include child custody in a prenutpial agreement, that doesn’t necessarily mean that you cannot benefit from establishing this legal contract. At The Law Offices of Susan A. Kassel, P.C., we are prepared to help you take this important step to protect your financial interests. If you are interested in knowing more about prenuptial agreements, please don’t hesitate to contact our proficient legal team today to discuss your situation.
