Contrary to popular belief, marital and post-marital agreements cannot determine, govern or direct direct custody of children. This is not possible here, in Colorado or in any state. While prenups and postnups can be powerful legal instruments with respect to marital property, debt sharing, debt and property, they have no authority over custody of children. The courts also recognize that custody of children is the child`s right and is not subject to a parent`s preferences. The court reserves the power to assess the ability of each parent to care for the child and to designate child custody conditions accordingly. But what about child care? Can a spouse renounce custody of children in a marriage pact or reduce it to child care even before the child is born? Can a spouse`s parental rights be denounced by a marital or post-ascending agreement? While you may include certain details of custody and support for children in a marriage pact, the court will generally not impose these details if they are opposed to public order or if the court considers that it is not in the best interests of the child to enforce them. State laws restrict what may or may not be included in marital agreements. Below you will find a list of things that most states do not allow in marital agreements: marriage is a big step and the protection of your individual and common future is an intelligent way to mark your Union. By learning the help of an experienced marriage lawyer, you can rest and not worry about questions such as “Can children be enrolled in a prenupe?” In the eyes of the law, a child is considered a person and not a financial asset. For this reason, a child cannot be registered as an asset in a prenup, but may very well be influenced by the provisions contained in the document. With your own future and your current or future children`s wealth at stake, a wedding is an easy way to protect your financial assets. Individuals with children with previous relationships who have high net worth, who have already created trust funds or who hold property on their behalf, individually or with someone else who is not your future spouse, should in any case discuss the implementation of a conjugal agreement with one of our family rights advocates. , since, in these particular circumstances, individuals tend to benefit from these contracts significantly.
When it comes to finding a lawyer for your marital agreement, there are several considerations to consider. While a matrimonial agreement may be useful to some children for the protection of certain property, it may not contain any term that imposes custody of children. Custody conditions are determined by the court when reviewing each spouse`s finances and other factors. It is the child`s right to receive assistance, not a parent`s right to determine it. At some point before the wedding, many couples plan to develop a wedding year as part of the wedding planning. Implementing a document like this is usually not done out of distrust of a potential spouse, but to protect yourself and your current or future children. One of the most common questions for engaged couples is: “Can children be written in a prenupe?” It is not possible to determine in advance the custody of children as part of a marriage pact, because in the event of a divorce, the courts must make such decisions in the best interests of the child. The court is not bound by prior agreements between the parties if they find that the agreement reached is not in the best interests of the child. The parties can agree, but if the court does not agree with these regulations, they will simply ignore them.