What Prenups Cannot Say About Children

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 “financially savvy.”

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 child support.

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 & Hammond, LLPtoday!