Postnuptial agreements can be used to establish how each spouse would be treated financially in the event the marriage was to end in divorce. However, these agreements cannot be used to outline the parties’ wishes for child custody arrangements or child support.
Child custody and support should be determined at the time of a divorce with the minor child’s best interests in mind. When spouses create a postnuptial agreement during their marriage, it is impossible to know what their situation, and their children’s best interests, will be in a hypothetical future divorce scenario.
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