Can Child Support Be in a Prenuptial Agreement

A prenuptial agreement is a legally binding agreement between two parties entered into before marriage and is usually drafted by a prenuptial agreement attorney. While Florida law does not require an attorney to prepare a prenuptial agreement, it is wise to do so to ensure the agreement is valid and acceptable to the court. If a divorce becomes necessary, the terms of the prenuptial agreement may be used to help determine the final order regarding property division, alimony, and other financial matters. Most Family Law attorneys are experienced in drafting prenuptial agreements and can serve as a prenuptial agreement attorney. There are several legal requirements that must be met for a prenuptial agreement to be enforced by a judge. Importantly, while certain financial issues can be addressed, child support cannot be waived or limited in a prenuptial agreement, as Florida courts require child support decisions to be made in the best interests of the child at the time of divorce.

• The document must be in writing. No other form of a prenuptial agreement, such as a taped or texted agreement, will be accepted.
• The document must be signed by both parties.
• The document must be witnessed
• The document must be notarized
• Neither party must have been coerced or pressured

in any way to sign a prenuptial agreement. If it can, at a later date, be proven that a signature was forced by, say, a threat, the prenuptial agreement will be voided.

• It is usually wise for each party to have their own prenuptial agreement attorney. Sometimes one party is financially better positioned to hire a very competent attorney while the other party is not. The court will not recognize a prenuptial agreement when one party has had an extreme legal advantage over the other party. Therefore, it is wise for the financially sound party to help the other party to pay the fee of an equally qualified prenuptial agreement attorney.
• Should a party not speak or read English, there must be an interpreter involved in the drawing up and signing of the prenuptial agreement. Before the document can be signed, the entire document must be read to the party in their primary language, and time must be given for questions and answers. Again, if it is determined in the future that this requirement was not met, the premarital agreement will be denied by the court.

Many issues can be put into a premarital agreement, such as who will pay already existing debts, who will retain ownership of business already established in one party’s name, who will retain ownership of certain assets such as personal antiques or collections, or deciding on alimony with the exception of temporary alimony. Additionally, some issues cannot be put in a premarital agreement and include in addition to temporary alimony, attorney’s fees, child support, parental timesharing, and the parenting plan if the couple already have minor children. (children from birth to l8 years or longer if a child for mental or physical reasons cannot support and care for themselves.)

As mentioned at the beginning of this blog, using a premarital agreement attorney is highly recommended. If you live in Florida in Palm Beach, Martin, St. Lucie, Miami-Dade, Broward, Orange, or Hillsborough County, in Washington DC or New York, Attorney Grant Gisondo is experienced in helping clients draw up a premarital agreement. He offers a free, initial, in-office consultation where he can answer your questions about premarital agreements, get to know you, and discuss his fees. To make an appointment, you can call his office at

(561) 530-4568. His office hours are Monday through Friday from 9:00 AM to 5:00 PM and for new clients on Saturday from 8:30 to 1:00 PM.