Can I include child support in a prenuptial agreement?

On Behalf of | May 6, 2022 | Marital Agreements

A prenuptial agreement can be a great way to outline what will happen if your marriage ends. While it may seem odd to talk about the marriage being over before it has even begun, it is a smart move.

Divorce can be costly, and it can be difficult to think clearly at that time. You may make bad decisions. With a prenuptial agreement, you have everything written and planned so you will not have to worry about it. While this agreement can be handy, California law states there are some situations it will not apply. A good example is if you have children.

Planning ahead for children

You may be able to include various items in the prenuptial agreement pertaining to future children, but the law strictly forbids including anything about child support. You cannot agree to not pay or to pay a certain amount for future children. If you include any such clause, the court will void it when the time comes.

Other support

You can include information about spousal support in the agreement. However, the law has many exceptions and rules about what would make such a clause invalid. You need to be sure you and your future spouse both have legal representation when creating the document. Do not share attorneys. It is also important to make sure that it accounts for all potential financial situations because the court will not impose it if it would not meet the general requirements for fairness.

A prenuptial agreement can handle most of the things you would have to decide upon in a divorce, but when it comes to child support, that has to wait. You also want to be careful about spousal support. Other than that, though, you can include agreements on any point you want.