Does A Premarital Agreement Affect Child Custody Or Child Support?

What Is A Premarital Agreement?

Some people believe that premarital agreements take the romance out of a relationship and ruin the perfect wedding; however, premarital agreements can be useful tools for parties to protect themselves in the event the marriage does not last. Unfortunately, the divorce rate in America continues to increase each year. While no one enters a marriage believing the marriage will end in divorce, there will be a certain percentage of parties that will find themselves in divorce.

For the parties who enter a premarital agreement, the divorce process can be quicker and involve much less conflict. A premarital agreement sets forth how the parties will divide martial property and debts should the parties divorce. It can also set forth how other financial matters, such as alimony, will be handled. A premarital agreement is much like insurance – you hope you never need to use it but it is there to protect you just in case.

Having a premarital agreement does not suggest that either party expects the marriage to end in divorce, the parties simply want to decide key issues now when they are not motivated by the hurt, anger and betrayal often experienced during a divorce.

What About Child Support And Custody?

Under current Kentucky family law statutes, courts recognize the terms set forth in a premarital agreement and will not set aside those terms unless the premarital agreement is found to be unenforceable (i.e. it was signed under duress). However, there are issues that Kentucky courts will not allow to be decided in a premarital agreement.

While a premarital agreement can cover financial issues such as the division of assets, alimony, attorney’s fees and insurance, Kentucky courts will not allow premarital agreements to dictate decisions related to child support, custody or visitation. In Edwardson v. Edwardson, 798 S.W.2d 941, 946 (Ky. 1990), the court ruled, “While it may go without saying, we observe that antenuptial agreements may apply only to disposition of property and maintenance. Questions of child support, child custody and visitation are not subject to such agreements. . .”

Kentucky courts will not allow the terms contained in a premarital agreement to decide custody and visitation nor dictate the amount of child support to be paid by either parent. The best interest of the child is the overriding concern of the courts; therefore, these issues remain under the control of the family court to be decided pursuant to Kentucky family court statutes.

Contact an Experienced Radcliff and Elizabethtown Divorce Attorney

We’ve Helped Thousands of KY Families, we can help you!

The family law attorneys of Musselwhite Meinhart & Staples, PSC have over 50 years of combined legal experience. Whether you need assistance preparing a prematiral agreement, enforcing a premarital agreement or disputing a premarital agreement, we can help you.

We represent clients throughout central Kentucky. Contact us at our Radcliff and Elizabethtown Office in Hardin County at (270) 351-6032 or toll-free at 1-800-754-HELP to schedule a free consultation with one of our attorneys. You may also contact our office through our convenient online contact form.