When you use a prenuptial agreement, you are essentially addressing a divorce before it happens. You may not get divorced, and so you will never need to use the agreement. But if you do, it gives you a chance to make some of these decisions in advance, which can often be beneficial because you and your spouse are more likely to be on good terms.
One important thing to remember about prenuptial agreements, however, is that they should be used for assets and financial decisions, for the most part. For instance, if you are bringing significant wealth to the marriage or if you are a business owner, you may be able to protect those assets from going through property division.
A comprehensive prenuptial agreement could address many of the marital assets that a couple has so that, if they split up, there are not that many decisions that have to be made. They simply divide their assets in line with these predetermined terms.
Custody decisions are separate
But when it comes to child custody decisions, these need to be made separately. You cannot include them in a prenuptial agreement, whether you are asking for full custody rights or waiving your custody rights.
This applies to both physical and legal child custody. Physical custody is the way that you define which parent will live with the child and care for them, and when exchanges will be made. Legal custody refers to each parent’s right to make decisions for their child about things like education, religion or healthcare. All of this needs to be addressed during the divorce process, not in a prenuptial agreement.
Your legal rights
It is important to understand all of your rights while going through a divorce, and you also need to know how prenuptial agreements apply and the impact they can have on this process. An experienced law firm can help.