With approximately 50 percent of all first marriages ending in divorce (the statistics are worse for second and subsequent marriages), it's no wonder why more couples are drafting prenuptial agreements before walking down the aisle.

Since child custody is notorious for being the center of many contested divorces, it makes sense why engaged couples would want to include provisions in their prenuptial agreement regarding child custody and visitation. However, none of the states allow prenuptial agreements to govern issues relating to child custody and visitation.

What a Prenup Can Address

A prenuptial agreement is a legal contract that couples enter into prior to getting married. Generally, prenuptial agreements (prenups) address:

• Spousal support
• Property division
• Debt division
• Inheritance rights
• Separate property acquired during the marriage
• Property rights of children from a previous relationship

Usually, engaged couples enter into prenuptial agreements when one or both parties have considerable assets, or when there are children from a previous relationship, or when one party earns significantly more than the other, or when the parties were previously divorced.

Best Interests of the Children Doctrine

In the United States, prenuptial agreements cannot address child custody and visitation, nor can they address child support payments for future children. Child custody and support issues are decided by family law judges and all decisions are based on the best interests of the children.

Since family law judges consider the present facts of a case, and the best interests of the children, prearranged marital contracts are considered outdated and irrelevant in regards to child custody and support. Essentially, it's impossible for a couple to forecast the family's future circumstances before the marriage.

Use our directory to find an experienced family law attorney who can help you draft a prenuptial agreement!