DOES A PREMARITAL AGREEMENT

AFFECT CHILD CUSTODY OR

SUPPORT?A Guide for Divorcing Parents

Premarital Agreements

Premarital agreements are contracts

entered into in consideration of

marriage

The parties can include many

provisions in a premarital agreement,

including details on spousal support in

the event of a divorce

Certain terms and conditions cannot

be included in a premarital agreement

and will not be enforced

Child Custody & Support in a

Premarital Agreement

Provisions related to child custody and

child support may not be included in a

premarital agreement

It is considered against public policy for

parents to decide in advance what will

happen to their children in a divorce

Public policy also dictates that every

child has the right to be supported by

both his parents

What Happens if an Agreement

Addresses Custody or Support?

If a premarital agreement does contain

provisions on child custody or support,

the court will not take the agreement

into account during the divorce

The remainder of the premarital

agreement may still be enforced

provided it is not against public policy

How are Decisions Made on Custody?

Regardless of the terms of a premarital

agreement, the court will make a

decision on custody based on what is in

the best interests of the child

Many factors are considered in

determining what is best for the child,

including who the primary caregiver has

been, who can provide the most stable

home, and who the child desires to live

How are Decisions Made on Support?

Child support decisions are made

based on a standard formula in

California

The support formula takes into

account each parent’s respective

income; the number of shared

children; and the time the child

spends with each parent under the

custody agreement

An Attorney Can Help

We invite you to contact us at (925) 314-2320 to

schedule a consultation

Click to visit: www.FamilyLawGroup.com

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