Prenups can help protect the financial interests of both parties in a couple, but are there limitations on what they can include? If you are signing a prenuptial agreement in New Jersey, continue reading to discover whether child custody can be included, and work with an experienced Sparta NJ family law attorney for skilled representation in your case.
Can Child Custody Be Included in My Prenuptial Agreement in NJ?
In short, no, child custody cannot be included in a prenuptial agreement. Child custody and visitation arrangements are made by New Jersey courts while keeping in mind the best interests of the children involved.
While a couple may choose to include provisions regarding custody, they will be rejected by the court and deemed unenforceable. During a divorce or separation, parents are encouraged to create a custody agreement on their own and present it to the court for approval. However, when a couple is getting married, likely many years before the child is born or they decide to get divorced, it is impossible to predict the circumstances the family will be in at the time of the split.
- Custody decisions are based on current and relevant factors that impact the child’s well-being and interests. NJ courts consider the following information when determining custody.
- The parents’ ability to communicate and cooperate
- Both parents’ willingness to accept custody
- The relationship of the child with their parents and siblings
- Either parents’ history of domestic violence
- The safety of the child
- The child’s preference, based on age and maturity
- The child’s needs
- The stability of the home environment offered by either parent
- The quality and continuity of the child’s education
- The fitness of each parent
- The proximity of the parents’ homes
- The extent and quality of time spent with the child prior to or subsequent to the separation
- The parents’ job responsibilities
- The age and number of children involved
- Prenuptial agreements are signed before the marriage and often before the couple has even thought about children. There is no way for a custody arrangement made years in advance to take
- into account the above important factors.
What Can Be Included in My Prenup?
While child custody provisions in prenuptial agreements are not enforceable, there are many topics that can be included in a prenup and validated by the court. New Jersey Revised Statutes 37:2-34 outlines the permitted contents of a premarital agreement, which include the following.
- The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located
- The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control
- property
- The disposition of property upon separation, marital dissolution, dissolution of a civil union, death, or the occurrence or nonoccurrence of any other event
- The modification or elimination of spousal or one partner in a civil union couple support
- The making of a will, trust, or other arrangement to carry out the provisions of the agreement
- The ownership rights in and disposition of the death benefit from a life insurance policy
- The choice of law governing the construction of the agreement
- Any other matter, including their personal rights and obligations, not in violation of public policy
If you have questions or concerns about your rights when signing a prenuptial agreement, reach out to an experienced attorney for legal advice today.