The short answer: No, a prenup cannot include binding child custody terms. Even if both partners agree on custody arrangements before marriage, a court will not enforce those terms if the marriage ends. The law reserves all custody decisions for the time of divorce or separation, based on what is best for the child at that specific moment. This rule applies across all 50 U.S. states. According to Harris Poll data, while 15% of married couples now have prenups (up from just 3% in 2010), many people don’t understand this critical limitation.
What You’ll Learn:
🔹 Why courts refuse to lock child custody into prenups, even when both parents agree
🔹 What actually happens if you try to include custody terms in your prenup and divorce later
🔹 Which child-related matters can be addressed in a prenup (and how they differ from custody)
🔹 Real-world scenarios showing the consequences of misunderstanding this rule
🔹 How to properly protect your children’s financial future without custody provisions
Why Courts Block Child Custody Provisions in Prenups
The “best interests of the child” standard is the legal foundation that blocks all child custody terms in prenuptial agreements. This standard means a judge will always decide custody based on the child’s safety, emotional needs, stability, and development at the time of the divorce—not years earlier when parents signed a prenup. Courts treat this principle as non-negotiable.
Think about what changes over time. When a couple signs a prenup before having children, they may not know yet if one parent will develop a substance abuse problem. They don’t know if one spouse will become the primary caregiver while the other travels for work. They cannot predict whether one parent will move to a different city, whether a child will develop special needs, or whether abuse or neglect might occur. A custody decision made before any of these situations exist cannot fairly serve the child when everything is different.
The law also recognizes that custody is a child’s right, not a parent’s right to give away. Parents cannot waive their child’s right to financial support or a relationship with both parents through a contract signed before the child even exists. This is why courts treat prenups with custody provisions as fundamentally unfair to the child, whose needs cannot be represented by parents negotiating a marriage contract.
All courts follow the principle that judges—not parents—have final authority over custody. This principle exists because judges are supposed to look only at what benefits the child. If parents made this decision in a prenup, they might choose what benefits themselves financially or emotionally, not what benefits their child. A prenup signed during happy times cannot predict the harsh realities that may surround a divorce years later.
How Federal Law and State Law Work Together
Federal law does not directly regulate prenuptial agreements—family law is handled by states. However, the federal principle of protecting children’s rights influences every state’s approach. What this means is that while each state writes its own prenup laws, they all follow the same basic rule: child custody cannot be predetermined in any prenup.
The Uniform Premarital Agreement Act (UPAA), adopted by at least 26 states, specifically addresses what prenups can include. This law allows couples to decide the division of property and spousal support (alimony), but it explicitly excludes child custody. When states adopted the UPAA, they agreed that custody decisions must remain with the court.
The updated version, the Uniform Premarital and Marital Agreements Act (UPMAA), maintains this same restriction. The UPMAA clarifies that prenups are valid contracts about financial matters, but child custody falls outside what couples can contract about. States that haven’t formally adopted these uniform acts still enforce the same rule through their own family law statutes.
Courts in every state use nearly identical language when explaining why custody cannot be in a prenup. They say custody decisions must be made “on a case-by-case basis” and “based on the best interests of the child” at the time of dispute. This consistent approach across all 50 states means a couple cannot move to a different state to enforce a custody clause that their home state would not recognize.
What Court Cases Teach About This Rule
No major federal court case needs to be cited because this rule is so universally accepted that it rarely reaches appellate courts. Instead, courts simply deny enforcement of custody clauses and explain the reasoning briefly. When couples challenge this in court, judges cite their state’s family law statute and remind both parties that custody is decided by the court alone.
Florida law is typical, stating clearly that “Florida law, like the law in most states, does not allow child custody or visitation arrangements to be predetermined in a prenuptial agreement.” The reason given is always the same: the best interests of a child must be determined at the time of divorce or separation, based on the circumstances then.
Washington courts similarly note that their Family Law Handbook warns couples that provisions about custody or support “are often not enforced.” Washington judges emphasize that circumstances change—a stable household can become unstable, or a parent’s financial situation can change completely. Making custody decisions years in advance cannot account for these real-world changes.
The message from state courts is consistent: even if a prenup says the children will live with Parent A or Parent B, that clause is simply ignored. Judges treat it as if those words were never written. The court will then make its own custody determination based on current facts and current circumstances.
Breaking Down the Core Problem: Child Custody vs. Financial Matters
The reason prenups work for money but not for custody comes down to one key difference: money is predictable, but children’s needs are not.
When a couple agrees in a prenup that they will split their savings 50-50 in case of divorce, this term works. The amount of money is calculable. The terms can be precise. If circumstances change later, the prenup might be challenged, but the structure makes sense because money divides cleanly.
Child custody is completely different. A custody decision must address questions like: Where will the child live? How much time will each parent have? Who decides about school, medical care, religion, and major life choices? These questions cannot be answered fairly years in advance because too many unknowns exist.
A couple might agree in a prenup to 50-50 custody, but by the time they divorce, one parent might be unemployed and unable to provide stable housing. The other parent might be working 60-hour weeks and unable to manage half-time parenting. The child might have special needs that require one parent to be the primary caregiver. A judge cannot honor the prenup’s 50-50 split when the real-world facts make it impossible or harmful to the child.
Courts also recognize that prenups are signed during optimistic times. Couples signing prenups genuinely believe they will never divorce. They may not think deeply about how custody should be decided if the marriage ends. They may not anticipate changing jobs, moving, or facing health problems. The terms they agree to might not actually reflect what is best for their future child.
Additionally, child custody is fundamentally about the child’s welfare, not the parents’ preferences. Parents have no legal authority to decide custody matters in advance through a contract. That authority belongs to the court, which exists to protect the child. A child cannot be bound by a contract their parents signed before they were born.
The Best Interests of the Child Standard: How Courts Actually Decide
When judges make custody decisions, they do not start with what the prenup says—they start with a legal test called the “best interests of the child” standard. This test has multiple factors, and judges must consider all of them. Here’s what courts look at:
1. The strength and stability of the child’s relationship with each parent. Courts want to know which parent the child feels closest to, who has done most of the day-to-day caregiving, and where the child has the strongest emotional bonds.
2. The child’s need for frequent contact with both parents. Courts assume it is usually good for children to have a real relationship with both parents—unless one parent has been abusive or neglectful.
3. The child’s adjustment to their current home, school, and community. Uprooting a child from a stable environment can harm them emotionally and academically. Courts want to minimize disruption.
4. The child’s safety and any history of abuse, neglect, domestic violence, or substance use. These factors automatically raise red flags. If either parent has a criminal history of violence or drug abuse, this heavily influences custody decisions.
5. The financial ability of each parent to provide housing, food, medical care, and education. A parent who earns significantly more might be able to provide better stability, but courts balance this with other factors.
6. The wishes of the child, if the child is old enough to express a preference. Older children and teenagers usually get to state their preference, though judges are not required to follow it. Younger children’s preferences typically carry less weight.
7. The mental and physical health of each parent. A parent struggling with serious mental illness or a chronic health condition might face custody challenges, depending on how it affects their ability to parent.
8. Each parent’s willingness and ability to encourage the child’s relationship with the other parent. A parent who tries to turn the child against the other parent loses standing in court. Courts favor parents who support the child’s bond with both parents.
These factors together create a complete picture. Courts in Missouri explicitly list eight factors, while Tennessee courts and other states use similar standards. The exact list varies by state, but the principle is the same: courts do a thorough investigation of current conditions, not what was agreed to years earlier.
Real-World Scenario 1: The Second Marriage Trap
Situation: Marcus and Jennifer are both remarrying. Marcus has a 12-year-old son from his first marriage. He and Jennifer decide that if they divorce, his son will live with him, and Jennifer will have limited contact. They put this in their prenup. They also decide that any future children they have together will be raised with Jennifer as the primary parent.
What the prenup says:
| Custody Provision | Expected Outcome |
|---|---|
| Marcus’s son lives with Marcus full-time | Son maintains relationship with Marcus |
| Jennifer has every other weekend | Limited disruption to son’s life |
| Future children live primarily with Jennifer | Jennifer manages children’s upbringing |
What actually happens in court: Eight years later, Marcus and Jennifer divorce. Marcus’s son, now 20, is already an adult and not part of the custody dispute. But their two children together, ages 7 and 5, need a custody order. Marcus has become an executive who travels constantly for work. Jennifer left her job to raise the children full-time and is now home every day. The children are attached to Jennifer and her routines.
A judge looks at the prenup’s provision giving Jennifer primary custody and sees that it actually matches reality. But here’s the catch: the judge did not use the prenup to make this decision. Instead, the judge looked at current facts—Marcus’s work schedule, Jennifer’s role as primary caregiver, the children’s attachment to Jennifer—and made an independent decision. The prenup’s term happened to agree with the judge’s decision, but the prenup had no legal power. If Marcus had been the stable parent and Jennifer had been the absent one, the judge would have reversed what the prenup said.
The consequence: Marcus and Jennifer wasted time and money negotiating custody terms that a court would ignore anyway. If their situation had changed differently—if Marcus had left his job and Jennifer had become the busy travel executive—the prenup would have been worthless. They would have had to fight in court anyway.
Real-World Scenario 2: The High-Conflict Divorce
Situation: Tasha and David sign a prenup with a custody clause: they will share 50-50 custody of any children they have. They think this is fair. Both work full-time careers and want equal time with their kids.
What the prenup says:
| Custody Provision | Expected Outcome |
|---|---|
| 50-50 equal custody split | Both parents involved equally |
| Children alternate weeks | Stability through predictable schedule |
| Shared decision-making on school | Both parents have equal say |
What actually happens in court: Three years into the marriage, their daughter is born. Five years later, Tasha discovers David has been abusing alcohol in secret. He has missed work multiple times, failed to pick up their daughter on scheduled days, and has been arrested for driving under the influence. Tasha wants to reduce his custody time for safety reasons.
When they divorce, David pulls out the prenup and argues for 50-50 custody as promised. Tasha’s lawyer explains that courts cannot honor a 50-50 custody arrangement when one parent has substance abuse issues and safety concerns. The judge agrees.
The court applies the best interests standard and decides that Tasha gets primary custody. David gets supervised visitation—meaning he can see his daughter only when a neutral third party is present. The judge bases this entirely on current facts (his drinking, his missed obligations), not on the prenup’s equal split.
The consequence: The prenup’s custody term was worthless. The real custody decision came down to David’s behavior during the marriage. Tasha had to hire an attorney to prove his substance abuse problem and fight for supervised visitation anyway. The prenup created a false sense of security—she thought 50-50 was locked in, but she learned too late that nothing about custody is locked in.
Real-World Scenario 3: The Relocation Crisis
Situation: Karen and Steve live in California. They sign a prenup stating that if they divorce, their children will remain in California and attend the local schools they currently attend. Karen gets primary custody and Steve gets weekends.
What the prenup says:
| Custody Provision | Expected Outcome |
|---|---|
| Children remain in California | Stability and continuity |
| Local school attendance maintained | Consistent education |
| Primary custody to Karen | Children stay with mother |
What actually happens in court: Ten years later, Karen’s job falls through due to company layoffs. She receives a job offer in Texas with a significant salary increase—40% more pay. She wants to move her children to Texas for the better job and financial stability. Steve wants her to stay in California so he can maintain his weekend custody time. They divorce, and Steve uses the prenup to argue that Karen cannot take the children out of California.
The judge hears both sides. Steve argues the prenup promised the children would stay in California. Karen argues that the job opportunity provides better financial support for the children. The judge ignores the prenup entirely. Instead, the judge applies the best interests standard: Will moving to Texas help or hurt the children? The judge considers the job’s stability, whether it improves the children’s financial situation, whether they will attend better schools, and whether Steve can maintain a meaningful relationship with them through frequent visits or video calls.
The judge has authority to modify Karen’s custodial plan based on the relocation. The prenop has zero legal influence on this decision.
The consequence: Steve relied on the prenup to keep the children in California. But prenups do not work that way. The actual custody decision came down to what the judge thought was best for the children at that moment, not what a contract said years earlier.
What CAN Be Included in a Prenup About Children
Although prenups cannot address custody itself, they can address certain child-related financial and planning matters. Understanding the difference is critical.
Child Support Provisions (Limited): Prenups can include provisions about how much child support will be paid. However, there is a major catch: the amount must meet or exceed your state’s child support guidelines. A prenup cannot waive child support or reduce it below what your state calculates as appropriate. If the amount in the prenup differs from what your state’s formula produces, the court will require you to explain why the prenup amount is better for the child. In New York, there is a narrow exception: if the child already exists when both parties sign the prenup, you can include specific support terms. But even then, the court retains authority to review whether the amount adequately supports the child.
Inheritance and Estate Protection: Prenups can specify that certain assets (a house, business, investment accounts, or insurance policies) will pass to your biological children in case of death, rather than being divided with your new spouse. This is one of the most valuable uses of a prenup in second marriages. You can state that your inheritance or premarital assets belong to your children, not to your new spouse.
Education and Religious Upbringing: While prenups cannot determine who has custody or how much time children spend with each parent, they can express your shared intention about how children will be educated and raised religiously. For example, you might state that children will attend private school or that they will be raised in a particular faith. These statements are not binding in a legal custody dispute, but they can guide future discussions and show a judge that both parents initially agreed on these values. The actual implementation gets decided at divorce time based on the children’s best interests.
College Funding Responsibility: A prenup can commit that one or both parents will contribute to college education expenses. Unlike child support (which the court can modify), a college funding agreement in a prenup is a financial contract between the adults. You can specify that each parent will contribute a certain percentage of college costs, or that funds in a college savings account belong to the children and will not be divided in a divorce.
Decision-Making Preferences: You can state in a prenup that you intend to share decisions about medical care, schooling, religious training, and major life choices. This is not legally binding if you later disagree, but it demonstrates your initial values and commitment. Courts may consider these stated preferences when deciding how to award legal custody (the right to make these decisions) at divorce time.
Protection from Prior-Relationship Child Support: If one partner has children from a previous relationship, a prenup can protect the incoming spouse’s income from being used to satisfy the other spouse’s existing child support obligations. For example, if David has a child from a prior relationship and owes $800 per month in child support, a prenup can clarify that this debt is David’s sole responsibility and cannot be paid from joint marital income. This is important in blended families where you want to protect your new spouse from liability for your existing parental obligations.
Mistakes to Avoid When Drafting a Prenup Involving Children
Mistake 1: Writing in Custody Terms and Thinking They Are Binding
Couples often include sentences like “We agree that in case of divorce, Mother shall have custody of the children” or “Father gets every other weekend.” These terms make the prenop feel more complete, but they create false expectations. When divorce happens, both parties may believe the prenup locks in custody, leading to expensive legal fights over terms that any judge would disregard. Instead, skip custody language entirely or include a statement like “The parties acknowledge that all custody matters will be determined by the court based on the best interests of the child at the time of any dispute.”
Mistake 2: Trying to Waive Child Support Obligations
A prenup that says “Neither parent will owe child support” is unenforceable. A parent cannot waive a child’s right to support before the child is born or before circumstances at divorce are known. Courts simply strike this term out and recalculate child support based on current income. You have wasted effort drafting invalid language. If you want to address child support in a prenup, work with an attorney to ensure the amount meets your state’s guidelines or properly documents why it should differ.
Mistake 3: Leaving Out Financial Protections for Children
While you cannot lock in custody, you should absolutely address how your children will be financially protected. Specify that college savings accounts belong to the children and will not be divided. Clarify that inheritances or premarital property intended for your children will pass to them, not to your new spouse. Protect your children’s financial future through the parts of the prenop that do work.
Mistake 4: Forgetting to Update Your Will and Estate Plan
A prenop can say your children will inherit certain assets, but your will is what actually accomplishes this. If your prenop says your business goes to your children but your will says it goes to your spouse, the will wins. Always create or update your will and trust documents to match your prenop’s intention. These documents work together—neither works alone.
Mistake 5: Not Understanding That Circumstances Change
The biggest mistake is signing a prenop about children with the assumption that circumstances will never change. You might think, “We’ll always want 50-50 custody” or “Our incomes will stay the same.” But lives change. Job losses, health problems, relocations, new relationships, and even one parent’s unfitness can emerge. A good prenop about children is flexible and focuses on what can be protected (inheritance, education funding, financial responsibilities) rather than trying to predict custody decisions.
Mistake 6: Using a DIY Template
Prenups involving children are more complex than property-division-only prenups. A template you download online may not include critical child-related language your state requires. You might unknowingly include unenforceable custody terms that get struck out, or miss opportunities to protect your children’s financial future. An attorney familiar with your state’s laws will ensure your prenop actually accomplishes your goals.
Do’s and Don’ts for Prenups Involving Children
| DO’s | DON’Ts |
|---|---|
| DO specify which assets are separate property meant for your children and will not be divided at divorce | DON’T include custody or visitation schedules as if they are binding agreements |
| DO ensure child support provisions meet your state’s guidelines before putting them in writing | DON’T try to waive child support or reduce it below what state law allows |
| DO address college funding and education expenses clearly so both parents understand their obligations | DON’T assume the prenop’s intentions about education will automatically override court decisions |
| DO create a will and trust that matches your prenop’s intentions about where assets go for your children | DON’T leave your estate plan separate from your prenop without coordinating them |
| DO have each party represented by independent legal counsel to ensure the agreement is fair and voluntary | DON’T sign a prenop without your own lawyer reviewing it first |
| DO discuss the prenop well in advance of the wedding to avoid any appearance of duress | DON’T present the prenop days before the wedding, as this can make it look forced and vulnerable to challenges |
| DO be transparent about all assets and debts so your spouse makes an informed decision | DON’T hide financial information or you risk the entire prenop being invalidated |
Pros and Cons of Including Child-Related Provisions in a Prenup
| PROS | CONS |
|---|---|
| Pro: Protects children’s inheritance by keeping premarital assets and inheritances separate from marital division | Con: Custody terms in prenups are unenforceable and create false sense of security |
| Pro: Clarifies financial obligations so each party understands who pays for what regarding children | Con: Circumstances change, making fixed arrangements potentially harmful to children |
| Pro: Provides a starting point for future custody discussions and shows commitment to shared values | Con: Courts ignore all custody-related terms, making them essentially useless |
| Pro: Protects children in second/blended families by ensuring they inherit from their biological parent | Con: Including invalid custody terms can complicate the entire prenop and invite legal challenges |
| Pro: Demonstrates thoughtful planning about how future conflicts will be handled regarding children | Con: Creating detailed child provisions takes time and cost for language that a court may disregard |
| Pro: Can commit both parents to specific education choices if done carefully within legal limits | Con: Requiring each party to have independent counsel increases the prenop cost significantly |
How Different States Handle Child-Related Prenup Issues
Every state follows the core rule: binding custody terms cannot be included in prenups. However, states do differ slightly in how they handle child support and related provisions.
California: Prenups cannot include custody or visitation terms. Child support must meet or exceed state guidelines. Prenups in California are also subject to strict timing rules—your spouse must have at least seven days to review it before signing, or the agreement might be challenged on grounds of duress or lack of time to consider.
New York: New York offers a narrow exception. If a child already exists and both parties sign the prenup while the child is alive, you may include specific child support amounts. However, the amounts must still align with the state’s guidelines or justify why they differ. All custody decisions remain with the court.
Florida: No custody or visitation arrangements can be predetermined. Child support is treated as a child’s right. Any prenup provisions about custody are void and unenforceable.
Texas: Prenups are recognized and enforced, but custody and visitation cannot be included. Texas courts will not enforce any agreement that attempts to predetermine custody arrangements.
Illinois: Under Illinois’s version of the Uniform Premarital Agreement Act, child custody cannot be addressed in a prenup. Property division and spousal support can be, but nothing related to the custody arrangement.
Blended Family Considerations Across States: When a couple in a second marriage has children from prior relationships, prenups become especially valuable for protecting those children’s inheritance rights. States consistently allow this financial protection—specifying that premarital assets will pass to the biological child, not to the new spouse—while still refusing to enforce custody terms.
The Role of Parenting Plans vs. Prenups
An important distinction exists between a prenup and a parenting plan. Many people mistakenly think these are the same thing.
Prenup (Premarital Agreement): Signed before marriage, addresses financial matters and property division. Cannot include binding custody terms.
Parenting Plan: Signed during or after a separation/divorce, addresses how co-parenting will work. Can include custody, visitation, decision-making authority, and child support. This is what a court will enforce (if both parents agree) or what a judge will impose if parents cannot agree.
The key difference: a parenting plan is created at the time when custody decisions are relevant and can be based on current facts. A prenup is created years earlier, before a child even exists or before circumstances change. A parenting plan is the appropriate document for custody matters. If you want to address custody, do it through a parenting plan during divorce proceedings, not through a prenup before marriage.
Some parents try to use a parenting plan as a backup to their prenup’s custody terms, thinking the plan will enforce what the prenup promised. This does not work. Each parenting plan is independent. At the time of divorce, the judge will create a new parenting plan based on current circumstances, not based on what a prenup said years earlier.
Key Statistics About Prenups and Children
Understanding how prevalent prenups are helps show why this issue matters to so many families. According to Harris Poll data, only 15% of married couples have prenups, up from just 3% in 2010. This means the vast majority of marriages don’t have any written agreement about what happens if they end. But awareness is growing.
Among younger generations, prenups are gaining acceptance. 41% of Generation Z who are engaged or have been married report they have signed a prenup. 47% of millennials report the same. This generational shift reflects a more practical approach to marriage—these younger adults view prenups as planning tools, not as predictions of divorce.
Of people who have signed prenups, 56% reported that they had a previous marriage. This underscores that second marriages drive much prenup demand, often because couples want to protect children from prior relationships or preserve family inheritances for their biological children.
Additionally, 50% of all U.S. adults now say they support using prenups, a significant increase from prior years. This cultural shift toward prenups creates an opportunity: couples are more open to the conversation, which is the ideal time to explain the limits on custody terms and the importance of protecting children’s financial future instead.
FAQs: Child Custody and Prenuptial Agreements
Q: Can my prenup say one parent will get custody if the other parent becomes addicted to drugs?
A: No. Even if you both agree on this term, the court will ignore it. Custody decisions are made at the time of divorce based on facts then present. If one parent has become addicted at divorce time, the court will address this through the best interests standard. Your prenop’s term is legally worthless.
Q: What if our prenup says we’ll share 50-50 custody and we both still want that at divorce time?
A: Yes, you can agree. Even though the court will not enforce the prenop, if both parents agree on 50-50 custody at divorce time, you can ask the judge to approve your agreement as a parenting plan. The prenop doesn’t enforce the agreement, but your mutual consent at divorce time does. Working together to reach an agreement is always cheaper than fighting in court.
Q: Can I include language in my prenup saying “We will figure out custody later”?
A: Yes, this is actually smart. This acknowledges that custody cannot be decided in advance and commits both parties to handling it fairly later. It is not legally binding, but it demonstrates good faith and your understanding that circumstances might change.
Q: If I have a child before marriage and include child support terms in my prenup, are they enforceable?
A: Partially. In New York, yes, if the child exists when you sign. In other states, child support amounts must still meet state guidelines. The court retains authority to modify or challenge the amount. Always have an attorney verify your state’s specific rules before finalizing this language.
Q: Can my prenup say the children will stay in the state we currently live in?
A: No. This is a custody-related restriction, and courts will not enforce it. If one parent has a job opportunity or compelling reason to relocate, the court will make a new custody decision based on whether the move serves the children’s best interests. A prenop cannot lock children to a specific geographic location.
Q: What should I do instead of putting custody in my prenup?
A: Protect your children’s financial future instead. Specify that inheritances, premarital assets, and college savings accounts are meant for your children and will not be divided in a divorce. Create a will and trust that aligns with this intention. Address who pays for education and extracurricular activities. These financial protections actually work, unlike custody terms.
Q: If my partner refuses to include child support language in our prenup, does this mean they won’t pay support later?
A: No. Courts will order child support regardless of what your prenop says. Child support is a child’s right, not something parents can opt out of. Even with no prenup provision, a court will calculate and impose child support based on income and custody arrangements at divorce time.
Q: Can we use our prenup to avoid a custody battle by specifying who the children will live with?
A: No, because courts won’t enforce it. The only way to avoid a custody battle is to reach an agreement with your co-parent at the time of divorce, not years earlier in a prenop. Focus your prenop on financial protection, and save custody discussions for mediation or collaboration if divorce actually happens.
Q: What happens if one parent violates the custody terms in our prenup during the marriage?
A: The prenop cannot be enforced as written because custody terms are invalid. However, if one parent is denying the other parent time with a child, the other parent can ask a court for a temporary custody order based on parental rights, not on the prenop. The court will step in to ensure both parents have appropriate access.
Q: Does the state where we live at the time we sign the prenup matter if we move later?
A: Both the state where you signed and where you live at divorce might matter. If you move to a different state before divorce, that new state’s law will likely apply to custody decisions. However, most state laws agree that custody cannot be predetermined in a prenop, so this usually does not change your situation. Have an attorney in your current state review this if you’ve moved.
Q: Can religious upbringing of children be included in a prenup?
A: Yes, but with limits. You can state your intention that children will be raised in a particular faith or attend religious school. This is not binding in a custody dispute, but it shows initial agreement. The actual religious upbringing at divorce time might be decided differently if circumstances have changed or if the court finds a different arrangement serves the child’s best interests.
Q: If my prenup includes an unenforceable custody clause, does it invalidate the whole prenop?
A: Not usually. Courts typically “sever” the bad clause and keep the rest of the prenop valid. So your property division and spousal support terms will be enforced, but the custody clause will simply be ignored. However, including obviously unenforceable terms can look careless and might invite a court to scrutinize the entire agreement more carefully.
Related reading
- Can a Prenup Waive Child Support? (w/Examples) + FAQs
- For How Long Is a Prenup Actually Valid? (w/Examples) + FAQs
- Is a Prenup Valid Without a Lawyer? (w/Examples) + FAQs
- What Needs to Be Included in a Prenup? (w/Examples) + FAQs
- What Does a Prenup Protect? (w/Examples) + FAQs
- Can a Prenup Actually Stop Alimony? (w/Examples) + FAQs
- What Happens if You Get Divorced Without a Prenup? (w/Examples) + FAQs