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Do I need an attorney to make a prenuptial agreement?

Creating prenuptial agreements without attorneys is possible, but not advisable. There are a number of legal requirements for a prenuptial agreement, or prenup, and such agreements are often challenged in court in the event of a divorce. As such, it is a good idea to hire a prenuptial agreement lawyer and do things right from the beginning so your rights are protected later.

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What are the key elements necessary for a valid prenuptial agreement?

The rules for prennuptial agreements vary by state. In general, however, a prenuptial agreement is a contract and all laws for the creation of a contract must be abided by. Further, because it is a contract made in consideration of marriage, it must also be in writing and signed by both parties. There are some additional requirements as well in most jurisdictions that you should be aware of if you wish to create a premarital agreement that will hold up in court in the event you ever divorce.

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Can a prenuptial agreement cover custody child support?

While you may be able to include some details about child custody and support in a prenuptial agreement, the court generally will not enforce any such details if the prenup is against public policy or if the court believes it is not in the best interests of the child to enforce them.

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Challenging a prenuptial agreement

Any agreement between two parties can be contested at any time, and prenuptial agreements are no exception. Pre-nuptial agreements, or premarital agreements. specify how assets, money, and property will be divided in the case of a divorce. Sometimes the specific amounts can be adjusted and other times the entire prenuptial agreement can be invalidated.

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Common Arrangements for Child Custody and Child Visitation

When two parents separate, child visitation is often the key issue. In every state, parents are urged to create a parenting plan either on their own or with the help of a mediator or collaborative divorce coach. The court will get involved and litigate the issue, but usually only if there are extenuating circumstances (i.e., domestic violence, drugs, abuse) or if the parents are unable to establish a custody or child visitation agreement on their own.

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What if both parents agree on child custody and visitation arrangements?

When separating parents do get along and can agree to a reasonable custody or visitation schedule for their child(ren), the court is generally going to be responsive in formalizing that agreement (i.e., parenting plan) and making it legal. If there is a substantial or significant change in circumstances since the original custody or visitation orders, courts again urge the disputing parents to resolve the differences, without the need for the court to modify the original order of custody or visitation.

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