If you are getting married and signing a prenuptial agreement, it is crucial that you understand what provisions can and cannot be included. To learn whether child custody terms in a prenup can be enforced, read on and consult with a knowledgeable Morris County, NJ prenuptial agreement attorney today.
What is a Prenup?
Prenup is the shortened and colloquial version of what is known as a prenuptial agreement. This agreement is a contract that two individuals can enter into before getting married. It is designed to protect each individual’s financial interests if the marriage ever ends in separation, divorce, or another unexpected way.
While not the most romantic notion, prenups are important and help prevent disputes and miscommunications later on. By establishing how alimony, property division, and debt allocation will be handled before ever entering into the marriage, the couple can avoid much of the hardship that comes along with the divorce process.
Will Child Custody Terms in a Prenup Be Enforced in NJ?
Almost anything can be written in a prenuptial agreement, but not all provisions will be legally enforced upon the couple’s separation or divorce. Terms surrounding child custody in a prenup will not be considered enforceable in New Jersey.
Custody and all matters regarding the children involved in a divorce are determined by state courts based on the best interests of the child. The family’s circumstances and the child’s needs cannot be predetermined years in advance, hence why custody cannot be included in a prenup.
Child custody and child support are matters of public policy. Under NJ law, premarital contracts cannot include terms that violate public policy. The court has the highest authority when it comes to custody decisions, and agreements made in a prenup will not overrule that power.
What Can Be Included in an NJ Prenup?
Although courts will not enforce child custody terms outlined in a prenuptial agreement, the document is well-suited for other topics, such as financial matters. According to NJ Revised Statutes 37:2-34, a couple drafting a prenup can contract with respect to the following line items.
- 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 about the validity and use of a prenuptial agreement, reach out to a skilled lawyer at Townsend, Tomaio, Newmark & Clancy, L.L.C. today.
