Can A Pre Nuptial Agreement Have “Kid Provisions”?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Pre nuptial agreements usually have provisions that cover what happens if the parties divorce, or one of the spouses dies.  These agreements only go into effect from the date of the wedding.  These agreements MUST be in writing,  negotiated and executed by the parties at least 30 days in advance of the wedding to assure enforceability and withstand challenges.

Pre nuptial agreements can state things like what happens if one of the parties pays for household furniture, a big screen TV, purchases a vacation home, earns a substantial amount of money from a job or investment, etc.  Most pre nuptial agreement terms deal with property acquisition or sale, incomes, assets, and the like.  They can also have provisions such as no smoking indoors, sex only once a week,  you must wear a tie after 6pm on Saturday nights and other demands, as long as the parties agree and as long as there is penalty for breach of the agreement.

What a pre nuptial agreement cannot do is govern children.  Pre nups cannot state who will get custody if the parties divorce, how much child support the husband shall pay to the wife, or vice versa, what a visitation schedule will be, where the child shall live, go to school,  and things like that.  Anything to do with children must be decided at the correct time and in the best interests of the child.  Kid provisions are always modifiable according to the child’s needs at the time.  The parties can agree or the court will set the best interests standard.  However, a pre nuptial cannot state the terms of child rearing and be enforceable.  If you are getting married in Palm Beach County, Florida, call one of the family law attorneys at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at for more information.


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