Knowing How to Protect Yourself With A Prenuptial Agreement: What Prenuptial Agreements Cannot Do

A prenuptial agreement can serve as a great tool in protecting yourself, your loved ones and your assets.  However, even if you and your fiancée agree, you cannot create a contract in certain circumstances. Your prenuptial agreement cannot:

Determine custody of current or future children. The court will always look to the best interests of the children, and will not uphold any provision regarding custody.

Change child support below the guidelines. While there are certain circumstances where the court may modify child support to below the guidelines, this is typically only done after a hearing on the issue.

Protect you from maintenance (formerly known as alimony) in all circumstances.  While prenuptial agreements have generally been held to be valid as to maintenance provisions, the court will likely not enforce maintenance provisions if your spouse is disabled or would be destitute or homeless due to divorce.

To learn more about prenuptial agreements, please see our blog, “The Five Do’s and Don’ts of Prenuptial Agreement.”

For an even more extensive and thorough analysis of your situation, contact an experience family and matrimonial law attorney.


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