Can I Include Child Custody Arrangements in a Prenup?

 Posted on January 30, 2024 in Family Law

Prenuptial agreements are becoming increasingly popular among couples who are about to get married. These documents can include plenty of important information about how to handle assets should divorce, or the death of a spouse occur. An Illinois family law attorney can help you understand what exactly to include in a prenup and if your child custody arrangements are permitted in these documents.

What Should My Illinois Prenuptial Agreement Include?

When crafting an Illinois prenuptial agreement, it is always important to understand what this document can and cannot include. In general, your prenuptial agreement can consist of items such as financial decisions for circumstances like the death of a spouse, agreements about the division of assets or property each spouse owns in a divorce, and agreements about the division of any debt or property acquired during the marriage.

Your Illinois prenuptial agreement cannot include any of the following:

• Child custody arrangements or child support payment details
• Any agreements that leave one spouse at a significant disadvantage
• Details about one spouse that limits parental rights in a divorce
• Any agreements or details about items that are unenforceable or illegal

During a divorce, you and your spouse must agree on decisions like child custody, spousal support, and child support payments, and the courts will make a final decision based on what is fair.

Will My Prenuptial Agreement Hold Up in Court?

Ensuring your prenuptial agreement holds up in court is essential if you want the agreements you and your spouse documented to be honored. You can give your prenuptial agreement the best chance of being honored by not including anything that violates the law or is otherwise unenforceable. You must also leave details like child custody and support arrangements out of your agreement.

You should work with an experienced prenuptial agreement lawyer in Illinois to ensure your agreement is fair and valid. If a divorce does occur, you will then be able to discuss parental responsibility and child custody arrangements with your spouse and lawyer.

Contact a Kane County, IL Family Lawyer

Crafting a prenuptial agreement can be confusing for couples, but it is essential that this document does not include anything that will cause it to be dismissed in court. A skilled St. Charles, IL family law attorney at Weiler & Associates, Inc. can help you create your prenuptial agreement that will likely hold up in court. Call 630-331-9110 for a consultation.