What martial terms can’t be included in a premarital agreement?
A premarital agreement cannot limit any child support or any other types of financial support for a child. This includes costs to maintain health insurance or life insurance. Moreover, a premarital agreement can’t stipulate which party should have custody of any child born of the marriage. Child support provisions are governed by different rules that take into account a child’s needs and best interests and the state’s concern as to the welfare of children. Waivers of child support are invalid. Agreements as to child custody and visitation will not be upheld because as the welfare of the child born after marriage will override.
