Can a Prenup Decide Child Custody or Child Support?

Prenuptial agreements are an excellent legal tool for addressing each spouse’s financial rights in the event of divorce. And perhaps counterintuitively, a prenup can set the stage for a more harmonious marriage. What these legal contracts can’t do, however, is predetermine child custody arrangements or child support. Child custody must be based on the children’s best interests, and child support is calculated according to state guidelines. Discuss your questions and concerns with our experienced Virginia prenup attorneys at Bristle Schulze today.

Visitation and Support Can’t Be Determined in Advance

Neither child custody nor child support can be determined in advance.

Child Custody

Children’s best interests always prevail in Virginia child custody cases, and their best interests can only be identified in real time. In other words, child custody terms are determined when it matters, which is in the event you and your spouse divorce. The court will not be bound by an agreement that you and your children’s other parent made at some point in the past.

Child Support

Children have the right to support, and as such, the court doesn’t treat the matter as something their parents can trade away. This means that the child support obligation cannot be waived or reduced. Instead, child support is calculated according to careful state guidelines that are based on the children’s needs and on each parent’s income.

Some states allow parents to include the matter of child support in prenuptial agreements as long as the amount exceeds the state’s requirements. Virginia, however, is not among these states.

If your prenup includes terms related to child custody or child support, they will be treated as unenforceable. As long as the contract is otherwise legally valid, however, the rest of your terms will likely be upheld.

Your Valid  Prenuptial Agreement

The requirements for creating a valid prenup in Virginia are set forth by the state’s Premarital Agreement Act, and they include all the following:

• The prenup must be in writing, and both of you must sign it willingly. Verbal agreements are unenforceable, and duress, coercion, or undue pressure of any kind can void the contract.
• Each of you must provide the other with a comprehensive and truthful disclosure of your assets and debts. This step can, however, be waived in writing.
• The terms included in the prenup can’t be grossly unfair, which is referred to as being unconscionable, and they can’t violate any criminal laws or public policies.
• The contract must be signed before your marriage. While there is no minimum waiting period, allowing more time can bolster the validity of the prenup.

Consulting with a seasoned prenup lawyer is always advised.

Our Experienced Virginia Prenup Lawyers Can Help

Our accomplished Virginia prenup attorneys at Bristle Schulze dedicate our impressive practice to championing the rights of our valued clients throughout the prenup process, and we’re here for you, too. Learn more about everything we can do to help by contacting us online or giving our firm a call at 703-454-0701 today.