Sherri Shepherd, co-host of the television program, “The View,” has recently filed for divorce from her husband. The couple is having a baby, via a surrogate mother. The surrogate mother is currently carrying the child, who will be born in July.
According to Shepherd, she and her spouse created a prenuptial agreement prior to getting married that stated that Shepherd will retain full custody of their children in the event of a divorce, including their unborn child. However, her ex-husband is now seeking to have their prenuptial agreement invalidated on the basis of fraud. In addition to child custody, the prenuptial agreement also states that Shepherd’s ex will only receive $60,000 if they divorce after two to five years of marriage. Shepherd also has a child, age 8, from a prior marriage.
In general, child custody is not allowed to be covered by a prenuptial agreement. This is because custody decisions must be made based on what is in the best interests of the child. Many factors will be considered when making such a decision, and in the end are often determined by public policy along with the child’s individual situation. Similarly, the issue of child support also usually cannot be determined in a prenup.
With all this in mind, it is important that people draft prenuptial agreements with care. Having a valid prenup can make the entire divorce process go a lot smoother, so that each spouse can go their separate ways.