How a Prenuptial / Postnuptial Agreement Affect Child Custody After a Divorce

What is a Prenuptial Agreement?

A prenuptial agreement is a written agreement that is made prior to marriage. Prenuptial agreements typically address things such as division of assets and property as well as alimony. The purpose of a prenuptial agreement is tprevent couples from fighting about property and assets if they get divorced.

People typically sign prenuptial agreements if one person has more money than the other one. However, everyone is encouraged to sign a prenuptial agreement regardless of how much money they make. A postnuptial agreement is similar to a prenuptial agreement. The only difference is that postnuptial agreements are made after the couple gets married.

Does a Prenuptial or Postnuptial Agreement Affect Child Custody?

In most cases, a prenuptial or postnuptial agreement will not affect child custody. Alabama law requires that the court award custody based on the best interests of the child. The custody arrangements should allow the children to continue a relationship with both parents if possible. Additionally, prenuptial agreements involving children typically do not provide stipulations for custody. The reason that prenuptial or postnuptial agreements will usually not affect child custody arrangements is because income and family circumstances can change.

Prenuptial agreements may include stipulations for child support. The court can decide whether or not a spouse is required to pay child support. However, child support is considered a legal right for every child. There are some cases where child support requests may not be honored even if it is outlined in the prenuptial agreement. For example, if the amount requested is too low, then the court may not honor the terms of the prenuptial agreement. A spouse may also be awarded child support even if the prenuptial agreement does not include any provisions for it.

To find out more about prenuptial or postnuptial agreements, contact one of our experienced attorneys at New Beginnings Family Law, P.C.