Sunday, May 13, 2012
Family Lawyer Bergen County: Prenup 101: part 3- children
Children, whether born before or during the marriage, cannot be part of a prenuptial agreement. Issues relating to custody, visitation, and child support have to be settled at the time of a separation or divorce, not before. The reason for this is that the court uses the child’s best interests, not agreements of the parents, to set custody and child support. Because many circumstances regarding a child’s interests will change during a marriage and in the case of a divorce, none of these matters are allowed to be settled in a prenuptial agreement.
However, some parenting issues may be made easier if your financial agreements have been settled ahead of time in a prenup. Not having to settle these things through a court process if you get divorced may free you to focus on your parenting issues, reducing the stresses on you at that time.
The court will look at a number of issues in determining the best interest of the child including financial, emotional, educational, geographical, and other factors.
Eric Aretsky has been practicing law in Bergen County since 1991. After earning his Juris Doctorate from New York Law School in 1990, Mr. Aretsky served as a judicial law clerk for the Honorable Conrad W. Krafte (Retired)
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