A premarital contract can serve as an invaluable tool both during your marriage and the divorce process. During your marriage, it can advise you on the decision-making and responsibility sharing of each spouse. Post-marriage, it can protect your rights to separate property, inheritances, alimony and more. However, there are certain things that your prenup cannot do, and that is address child custody or child support issues.
Your prenuptial agreement may provide provisions for children of previous relationships. For instance, if you want to ensure that your children inherit some of your property should you pass away or become incapacitated, a premarital contract can protect their rights.
That said, your prenup cannot include provisions regarding shared children, future children or child support. Because Illinois considers both child custody and child support matters of public policy, a court would never uphold a provision that deals with either matter or visitation. A court would not deny a child the right to support, even if both parents agreed via a premarital contract that support is unnecessary. Moreover, the courts use a “best interests of the child” standard to determine the extent of and type of relationship the child may share with each parent.
Additional provisions that may render a prenup void include waivers of rights to alimony, any provision dealing with illegal activity, provisions that encourage divorce or details about personal matters.