Prenuptial agreements are not for every couple, but when fiancés own a business, are
of high-net-worth, or have children from a previous relationship, a prenup
makes sense to a lot of couples, especially those who consider themselves
If you and your fiancé are considering drawing up a prenuptial agreement,
you may be wondering if the document can address your future family. Can
a prenup set limits on future child support? Can a fiancé waive
their rights to child custody in a prenup?
These are valid concerns indeed; continue reading and we will address these issues.
California Prenuptial Agreements
In California, prenuptial agreements are governed by the Uniform Premarital
Agreement Act (UPAA), which has applied to California prenups for three
decades. Generally, these documents become effective once the couple gets married.
While a prenup can address
spousal support, the nature of separate and community property, and inheritance rights,
what a prenup cannot do is compromise the children’s rights in regards to
child custody, visitation and
The family court will always hold the power and authority to make child
custody and support decisions regarding a couple’s children in the
event of separation or a divorce.
A prenup cannot state that one parent will get sole physical custody of
the children, nor can it say that one parent will waive their obligations
to pay child support.
So, if a person’s fiancé tells them that they won’t
marry them unless they waive their right to custody of their future children,
know that the family courts would
never enforce such a provision.
What a Prenup Can Say About Children
While a prenup cannot state that a spouse will not be responsible for child
support, a prenuptial agreement can say that a spouse will pay
more child support than what they are required to pay.
A prenup can also say how the parents will pay for the child’s future
college expenses, and it can determine whether the couple agrees to support
an adult child in the future.
If you are interested in drafting a prenuptial or postnuptial agreement,
contact a Los Angeles family law attorney from Claery & Green, LLP today!