Prenuptial Agreements and Children
What Is a Prenuptial Agreement?
A prenuptial agreement is a contract between two persons who are in the process of being married, but who aren’t married yet. The prenuptial agreement is typically used to determine how property, assets and income should be divided if the marriage dissolves. However, prenuptial agreements are also used to help the couple determine the best course for their children’s futures.
I'm Planning My Second Marriage, and I Have Children From a Prior Relationship - Is a Prenuptial Agreement Right for Me?
If you are planning a second marriage and have children from a previous relationship, creating a prenuptial agreement can ensure that your children inherit all or part of your assets. Many states, such as Alabama, have laws that forbid a person from ignoring their spouse in a will. This means your spouse may get assets meant for your children. But, such laws can be overridden by prenuptial agreements.
I'm Planning My First Marriage, and Hope to Have Children - Is a Prenuptial Agreement Right for Me?
Prenuptial agreements are a good idea even for first marriages. If you plan on having children, your prenuptial agreement can contain clauses for child support, medical insurance and education. Prenuptial agreements also can contain provisions on such personal child-raising issues as what religion the child will be brought up as.
My Former Spouse Is Getting Married – Can Child Support or Child Custody Be Changed?
It is not unusual for ex-spouses to feel uncomfortable when their former spouse marries another person. The important thing is to ensure that the children will remain where their interests are best served. As such, prenuptial agreements cannot be used to modify child support, child custody or even visitation rights. Any change in those items must be brought up in the court where the support or custody decision was made.
Do I Need a Lawyer to Draft a Prenuptial Agreement?
Drafting a prenuptial agreement can be very difficult. An experienced family lawyer can help you decide what provisions you should include in your prenuptial agreement. A family attorney can also help you understand your rights and protect your interests.
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Last Modified: 10-16-2012 12:01 PM PDT
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