Can a Prenup Determine Child Custody?

Child custody touches the deepest parts of our lives, so it is no surprise that parents look for any tool that might secure time with their kids.

At Jackman Law Firm, we have focused on family law since 2014, guiding Seattle families through hard moments with clear, practical advice. One common question we hear is whether a prenuptial agreement can lock in future custody arrangements.

This article lays out what a prenup can and cannot do under Washington law, why courts reserve child-related decisions for the time of divorce, and how you can still use a prenup to protect your finances.

Child Custody and Prenuptial Agreements in Washington

Let’s start with the direct answer: a prenup cannot decide child custody in Washington. Even if the contract says, “The children will live with Parent A,” a judge will not enforce that clause. Washington courts view custody and support as rights that belong to the child, not to the parents, so any prior deal between adults is irrelevant.

The Family Law Handbook, published by the state courts, warns couples that provisions about custody or support “are often not enforced.” Instead, judges look at the child’s best interests when the parents separate. Factors include stability, emotional ties, schooling, and each parent’s ability to meet daily needs. Support is then calculated under the state’s economic guidelines.

Casting a quick promise into a contract years before a divorce cannot predict future school needs, health issues, or changes in a parent’s situation. That is why Washington keeps the final say. A prenup is still valuable, but its power lies in property and spousal maintenance, not parenting plans.

What a Prenup Can Determine

While child-related terms will be ignored, a well-crafted prenup can provide solid financial clarity. Two areas stand out.

Division of Property

Washington is a community property state, meaning most assets earned during marriage are split 50-50 at divorce. A prenup lets you label certain items as separate property, keeping them out of that equal division. This is especially useful if you enter marriage with:

• A home purchased before the wedding
• Family heirlooms or an expected inheritance
• Interest in a closely held business
• Significant debt that you do not want shared

The contract may also explain how future debts will be handled or how appreciation on a premarital asset is treated. Business owners often rely on a prenup to avoid pulling a company into divorce litigation.

Spousal Support (Alimony)

Washington allows couples to address alimony in advance. Within a prenup, you may:

• Waive maintenance entirely
• Set a dollar cap or tie support to marriage length
• Define which events, such as disability, trigger a review

Courts will still review fairness at the time of enforcement. If the terms were lopsided, if the lower-income spouse did not receive full disclosure, or if the couple ignored the agreement during marriage, a judge might refuse to follow the alimony clause.

Ensuring a Valid and Enforceable Prenuptial Agreement

Because Washington relies on decades of case law rather than a detailed statute, judges look closely at both process and substance. Taking care during drafting will give the agreement its best chance of surviving a challenge.

Below is a concise checklist that echoes recurring points from Washington appellate cases:

Following these steps will not guarantee enforcement, but skipping any of them gives the other side ammunition if litigation arises.

Potential Issues with Prenuptial Agreements

Even a well-intended prenup can stumble in court. Judges often scrutinize agreements for the following concerns:

1. Fairness. If one spouse walks away with most assets while the other faces hardship, the court may refuse enforcement.
2. Voluntariness. Threats, rushed timelines, or emotional coercion undermine consent.
3. Lack of counsel. Without independent advice, a spouse may later argue they did not grasp the legal consequences.
4. Hidden information. Failure to disclose a rental property, offshore account, or sizable debt is grounds for invalidation.
5. Relationship strain. Raising the idea of a prenup can feel like casting doubt on the marriage. Approach the conversation early, explain your goals, and invite questions rather than demands.

Discussing these pitfalls with separate lawyers can turn a tense topic into a thoughtful planning session.

Considering a Prenuptial Agreement? Contact Jackman Law Firm Today

Since 2014, Jackman Law Firm has helped Seattle couples draft enforceable prenups while protecting the well-being of their future families. If you are ready to safeguard property rights or clarify spousal support, let’s talk. Call us at 206-558-5555 or send a message through our Contact Us page. Solid planning now can spare everyone needless conflict later.