What is a Prenuptial Agreement and why do couples get them?
A prenuptial agreement is a contract entered into by two people who plan to get married. The purpose is to set forth the rights of each party in the event of a divorce. Sometimes provisions for property distribution upon death are included, but such provisions are better placed in a Last Will and Testament. The most common reason for a Prenuptial Agreement is to protect property that one or both parties owned before the marriage from becoming divided upon divorce.
Can a Prenuptial Agreement cover alimony, child custody or child support?
Sometimes, Prenuptial Agreements are used to limit, establish or eliminate alimony in the event of divorce. However, Prenuptial Agreements do not deal with child custody or child support. Judges make the final decision on custody, and parties cannot pre-determine child support because the law regards child support as being a right for a child, and parties cannot override that right. Custody also must be determined at the time of the dispute because no one can predict all the circumstances which will exist at the time of a custody dispute.