Many couples choose to create prenuptial agreements these days, especially if spouses have previous marriages or bring children with them. When executed properly, a prenuptial agreement is an excellent tool couples can use to protect their marriage and avoid unnecessary financial and personal tension. However, the law does not allow a couple to include absolutely anything they wish in an agreement, particularly when it comes to children.
If you are considering a prenuptial agreement and have children or plan to have children, it is important to understand the agreement’s strengths and limitations. If you choose to create an agreement that violates the law or includes execution errors, a court may not uphold it.
For your own sake and for the sake of the children you love, it is wise to build your prenuptial agreement carefully and thoughtfully, using the resources and guidance that you have available. A well-crafted prenuptial agreement offers some of the strongest rights protections available, with proper creation and execution.
Providing for children from previous relationships
Including children in a prenuptial agreement is not always easy, or even legal, depending on the circumstances. However, a prenuptial agreement is an excellent tool for parents who want to make sure that a child from a previous relationship receives fair treatment.
This is particularly useful when it comes to distributing property for inheritance. A strong prenup can protect designated property and ensure that a child from a pervious relationship receives it if their parent passes away. In many cases, children from previous relationships suffer unfair treatment when death or divorce comes knocking, making prenuptial agreements a good tool for loving parents who want to protect this relationship.
Provisions parents should avoid
Couples who want to use their prenuptial agreement to protect their children face several restrictions. The law does not allow parents to use these agreements to predetermine issues such as child custody or child support.
In the eyes of the law, the courts have final authority when it comes to approving child support and custody issues. This helps keep one parent with significant resources from controlling the other’s access to their child, if the relationship ends.
If you do choose to include these issues in your prenuptial agreement, a court may set them aside or may strike down the agreement entirely. In most instances, both parties fare poorly when courts decide to discard a prenuptial agreement, because it means they must go back to square one in a divorce, prolonging the process and increasing its price tag.
Protect the ones you love today
If you are a parent entering into a new marriage, it is wise to create a prenuptial agreement. Whether your marriage remains strong, your relationship to your child is a lifetime commitment. Build a strong agreement that keeps your rights secure and protects the best interests of the child you love.