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Leave child custody out of your prenuptial agreement

Protecting one’s future is important at every stage of life. When approaching marriage, this may mean considering a prenuptial agreement. A prenuptial agreement can provide a wide range of protections and benefits to both parties. However, it is not unheard of for some couples to get carried away and include things that are not enforceable. Here are a few things to keep in mind when creating a prenup.

A prenuptial agreement cannot dictate how child custody or support will be handled after divorce. Child custody should always be based on the child’s best interests, and deciding what those interests are years or even decades in advance is simply not possible. In Georgia, a family law court simply would not uphold provisions addressing either of these topics. Couples should also avoid including:

  • Anything illegal
  • Provisions that encourage divorce

Personal matters can be a tricky area to address. For example, many couples choose to address who will manage household expenses, individual savings contributions and other personal financial expectations, which creates clear expectations for both parties. However, a court might hesitate to enforce a prenuptial agreement that delves into personal preferences such as chores, child rearing or where to spend family holidays. While it is a great idea to discuss these things with one’s future spouse, it might be more appropriate to compile these agreements in a different document.

No one wants to put the time and effort into creating a prenuptial agreement only for it to be thrown out during a divorce. This means that getting things right the first time is essential. For this reason, some couples in Georgia choose to speak with an experienced attorney before signing anything.

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