ABA Family Legal Guide

Family Law

Money Matters During Marriage

Premarital Agreements

May premarital agreements decide future issues of custody and child support?

No. A court may consider a premarital agreement the parties have reached regarding child custody or support, but the court is not bound by it. Broadly speaking, parties cannot bargain away rights of children, particularly before children are even born. A later section in this chapter will discuss child support guidelines and custody.