Are provisions regarding children enforceable in premarital agreements?

Occasionally, parties will want to insert something in a premarital agreement concerning future children, custody or support. While such provisions can be very beneficial to the parties and may provide the court with guidance and direction, the court is not bound by such provisions.

Courts have a duty to decide child custody, visitation rights, and child support based upon what the court finds to be in the best interest of the child at the time the parties are before the court.

In other words, if the court believes that any provision of the premarital agreement adversely effects child support, custody or visitation, and is not in the best interest of the child, than the court is simply going to disregard that provision of the premarital agreement and decide the case based upon what it believes to be best for the child.

John K. Grubb practices family law in Houston. He has a BBA, MBA, and a JD Degree. John K. Grubb focuses a significant part of his family law practice on helping couples create premarital and prenuptial agreements in Texas.