You signed a prenuptial agreement when you got married. It was very important to your future spouse. You knew that they had more assets than you, which they wanted to protect, and you agreed to the prenup.
But that marriage happened a few years ago, and your spouse has now asked for a divorce. The two of you have a child together, and you assumed that you would have joint custody rights after the divorce. But your spouse has now claimed that the prenup said they would be granted sole custody of any future children, so you are not going to have custody at all. Is this legal?
The prenup likely will not stand
No, this is not necessarily legal. Certain things can invalidate a prenuptial agreement, and child custody decisions are one of the key issues that generally cannot be included.
Rather than adhering to prior documentation, the court is going to make a custody decision based on your child’s best interests. The court may determine that it would be best for your child to have joint custody so that they can spend time with each parent. Even if a prenup says otherwise, the court does not have to abide by that provision.
Conflicts over a prenup
This is just one area in which a prenup could be invalidated, and it may even be set aside by the divorce court if it was not properly drafted or executed. If you run into conflicts during your divorce, or if there is confusion about how a prenup should apply, it is very important to know exactly what legal options you have.