As you meticulously plan your wedding day, you are likely also considering the foundations of your shared future. A prenuptial agreement often comes up as a tool to outline financial understandings. But when children enter the picture, can this agreement also pre-determine decisions about their care or financial support?
What prenups can include
Prenuptial agreements typically cover financial matters between spouses. A valid prenup in Florida can include:
- Division of property and assets acquired during marriage
- Protection of family businesses or inheritances
- Allocation of debts acquired before or during marriage
- Spousal support amounts and duration
- Protection of assets for children through previous relationships
- Management of joint financial accounts and expenses
These financial provisions help couples clarify expectations and protect individual assets. Still, despite their benefits, prenups cannot decide everything.
The court’s role in child custody
When decisions involve children, courts step in to protect them. This principle strongly influences what you can include in a prenup.
Florida law, like laws in other states, prioritizes what is best for the child above all else. This means parents cannot use a prenuptial agreement to pre-determine child custody or visitation schedules.
A judge must make these decisions at the time of separation or divorce, considering the circumstances then, not years earlier when the prenup was signed. Life changes, and what seems fair at marriage might not be best for a child later.
Child support is a right
Similar to custody, the law treats child support as a right of the child, not a bargaining chip for parents. This financial support helps ensure a child’s needs are met.
You cannot use a prenuptial agreement to waive or set a specific amount for child support. State guidelines, such as those in Florida, calculate child support based on parental income and the child’s needs at the time of divorce.
Courts will generally not uphold an agreement trying to bypass these rules. The state has a significant interest in ensuring children receive adequate financial support.
What your prenup can address regarding family
While your prenup cannot determine custody or support, it can address related matters. You may include agreements about inheritance rights, property designated for children’s future use or financial plans for education funds. These provisions help couples discuss important values and goals regarding children without attempting to override court authority.
When considering prenuptial agreements, having a skilled attorney on your side is crucial. Your attorney can help you create an enforceable agreement for the matters it can cover. They can also ensure you understand that a court will decide issues involving your children, should that time come.
