Prenuptial Agreements Legal Answers

Can a prenuptial agreement control child custody upon divorce?

My husband and I drafted a prenuptial agreement before we married that stated if we divorced, I would retain full custody of any children we have together. We did this because my husband has previously had mental health issues and we both agreed any children would be better in my care if we were no longer living together. We are now in the process of divorce and have two young children. He is saying he wants equal time with them and will not honor our agreement. How will a judge look at our prenuptial agreement in the divorce process? Can the judge still enforce it even if he no longer agrees? I want to be able to make the court aware of my husband’s past issues and the concern about the safety of our children if my husband challenges the agreement. Do I need to include anything about the prenuptial in my divorce filing?

New Orleans, LA

Mar 15, 2021

Can a prenuptial agreement be entered after the marriage?

My wife and I married in Saudi Arabia and then located to the United States for work reasons. We are both here now on work visas. We intended to enter into a prenuptial agreement before we married but had to move up our wedding to accommodate our work commitments in the US. and did not have time to explore an agreement. We both still desire to preserve assets we each possessed prior to our marriage in the event we would divorce. Are we able to still enter into a prenuptial even though we are already married? If so, what is involved in this process and how do we locate an experienced Muslim lawyer to assist us, as most of our assets remain in Saudi Arabia.

New York, NY

Mar 15, 2021

Can I still get alimony in a divorce if there is a prenup?

Before I married 10 years ago I signed a prenuptial agreement stating I wouldn’t seek alimony in a divorce. But my husband has cheated on me and is intending to divorce me and marry someone else. I’ve given my life to take care of him and our children. I am Muslim and would not have chosen to divorce. Since this is his choice and I have no job or way of supporting myself, I believe I am entitled to alimony no matter what was stated in the prenuptial agreement. What are the laws in Texas relating to this and can my husband be required to pay for an attorney to represent me in this divorce?

Dallas, TX

Mar 15, 2021

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