Prenuptial agreements, colloquially called prenups, are a great way to ensure that you and your spouse do not have to deal with excessively long asset division if you ever enter a divorce.
However, there are many questions about what a person can and cannot include in their prenup agreement. This even extends to unborn children.
Why you cannot handle custody matters in a prenup
The New York City Bar discusses the divisions that typically end up in prenuptial agreements. Most often, this includes things like assets, housing and property, pets, and more. But can it include unborn children?
You cannot include custody arrangements in a prenup agreement when it comes to unborn children. You also cannot include any additions that might affect who the child will live with if you do come to a divorce. However, you can still make some basic agreements on matters like child support.
Custody matters happen in real time and need to involve the court. On top of that, the circumstances behind your marriage could change over the years, negating the potential custody arrangements that you set in advance. A judge must look at your family situation at the time of the divorce itself and make a decision that benefits the child the most.
For existing children, you can include several matters in a prenup agreement. This includes health insurance and potential wellness costs, if adoption will happen, and child support matters. You may also go into potential future provisions. But again, you cannot determine custody in advance because of the aforementioned reasons. That is simply a matter you must handle at the time of the potential divorce.