Is this a valid type of prenup?

[BB_Wolfe]

What is the name of your state? SD

I'm engaged!

I have a simple question as to prenup's. Can one specify 'moral' clauses in a prenup. We don't want one for division of assets, but one that dictates our conduct in the event of a divorce with children involved.

Such things as

No cohabitation while you have custody of child
No boyfriends/girlfriends around child

Etc.

Are such things legal and binding?

 

[annefan]

Forgiveness if I seem to reply crudely, but why on earth would you want to create a prenuptial agreement regarding children that don't exist? Prenuptials are usually drafted for tangible assets.

 

[BB_Wolfe]

I've seen people who were extremely respectful when they got married turn into absolute *******s when they divorce. We are great together now, but 20 years from now, who knows.

I just wanted to cover the bases.

 

[annefan]

Your concerns are valid regarding the divorce rate and the nightmare experiences that go along with child custody disputes, however, I'm not sure there is such as thing as stipulating child custody arrangements when there are no tangible bodies yet produced.

Congratulations on your engagement though, and best wishes to you both.

 

[Boxcarbill]

What is the name of your state? SD

I'm engaged!

I have a simple question as to prenup's. Can one specify 'moral' clauses in a prenup. We don't want one for division of assets, but one that dictates our conduct in the event of a divorce with children involved.

Such things as

No cohabitation while you have custody of child
No boyfriends/girlfriends around child

Etc.

Are such things legal and binding?

No, such a "prenup" would not be enforceable. Such enforcement of "morality" by the court (i.e. state action) would raise all kinds of constitutional problems.

 

[BB_Wolfe]

Thanks you guys, it was worth a shot!