Can you write unborn children into a prenuptial agreement?

A prenuptial agreement can help you protect your assets and best interests in case the partnership ends in divorce. The New York City Bar reports that factors such as present and future finances and the division of such; however, this type of contract is usually limited, especially concerning any children you may have with your spouse in the coming years.

Before you sign a prenuptial agreement, it is important that you understand the rules and regulations regarding children and how they might affect your future.

Unborn children

While you may make a few provisions that discuss any future children, such as basic child support agreements, you cannot include custody matters and other circumstances that directly impact who the children will live with in the event of a divorce in your prenuptial agreement. Custody matters that concern the courts happen in real-time, and the circumstances of your marriage may change in the future. Since divorce always impacts the children of a dissolving family unit, judges usually act on what is in any minor’s best interests at the time.

Existing children

If you or your new spouse have minor children from a previous marriage, you can include provisions for them in your prenuptial agreement. This includes several factors, such as:

  • Whether adoption will take place
  • Child support in the event of a divorce
  • Health insurance and wellness costs for non-adopted children

You may also include future provisions for child support in case of a divorce for any minor children.

Protecting yourself with a prenuptial agreement whether you already have children or plan to in the future can provide you with peace of mind if divorce should ever loom on the horizon. Both your attorney and your spouse’s legal counsel will likely review the document before you add final signatures.