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Creating a “Baby Prenup”


Most people are familiar with prenuptial agreements, or contracts entered into before a couple gets married and that dictate how assets will be divided in the event of divorce. A recent development, however, has taken this decades old practice and turned it into a means of clarifying parental rights and responsibilities. Colloquially known as “baby prenups”, these contracts are becoming increasingly popular with new parents, who use the agreements as a way to outline the responsibilities and tasks that each party agrees to take on when their child is born.

Parenting contracts aren’t right for all families, so if you are expecting a child and have questions about whether a baby prenup is right for you and your family, it is important to contact an experienced child custody attorney who can assess your situation and advise you accordingly.

What are Baby Prenups?

The term “baby prenup” is somewhat misleading, as these documents are more similar to parenting contracts than they are to property division agreements. They are, however, akin to prenuptial agreements in that they are entered into prior to a major life change, such as a marriage or the birth of a child. As parenting contracts, baby prenups can provide clarity to couples who are facing impending parenthood and can also establish clear expectations that both parties believe to be fair.

Although the contents of these agreements will differ depending on a couple’s specific circumstances, most contracts that fall under this category contain details about which parenting tasks each parent will take on upon the birth of their child. This often includes details about the parties’ responsibilities for parenting-related tasks, issues like nutrition and religious upbringing, as well as education, and how certain household tasks will be divided.

One of the downsides to baby prenups is that they often fail to account for the fact that our lives change pretty quickly. This is especially true for parents, so before a couple signs a parenting contract, they should consider including a clause in the agreement that allows the parties to amend the terms of the contract at a later date.

Is a Baby Prenup Right for Me?

These types of formal parenting agreements aren’t right for everyone. For instance, a productive and honest discussion about parenting expectations is enough to give many couples peace of mind. Other parents, however, may feel more secure knowing that parental responsibilities are part of a legal contract. Ultimately, whether a baby prenup is right for two parents depends on a number of factors, including how well the parents communicate with each other and whether a couple’s pre-childbirth expectations and post-childbirth realities align.

It’s also important to keep in mind that these contracts can be useful tools when establishing a parenting plan in the event of divorce and could even play a role in resolving any child custody or child support issues that arise, so couples with a rocky history or who are no longer partners may want to consider entering into this type of agreement.

Call Today for Help with Your Child Custody-Related Questions and Concerns

To speak with dedicated Fort Lauderdale child custody attorney Sandra Bonfiglio, P.A. about whether a baby prenup is right for your family, please call 954-945-7591 or send us an online message today.







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