Baby nups – are provisions relating to children in nuptial agreements enforceable?

Sarah Higgins Charles Russell Speechlys

This article looks at the various ways in which reference to children may be included in nuptial agreements. Financial provision for children is sometimes included either specifically or more generally. The desire to protect inheritances for children from a previous relationship is often a motivating factor in parties wishing to enter into a nuptial agreement and these agreements may be very relevant in defending an Inheritance Act claim. Childcare and the effect of child rearing on earning capacity are considered in the article. Spousal maintenance can be included in a nuptial agreement. Welfare issues in relation to children are dealt with - parties cannot stop the court making a decision in the future in relation to practical living arrangements and other aspects of child rearing although discussion on these matters before a relationship has broken down might be wise whilst recognising that theoretical ideas on child rearing may well have to be revisited.

The full article will be published in the December issue of Family Law. 

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