Does a prenuptial agreement override family law?

Asked almost 2 years ago - Jackson, MS

If we have a prenuptial agreement in place, does that nullify the regular family laws? I want a prenuptial agreement that divides what I earn from hers. Also an agreement regarding how children will be provided as well.

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Attorney answers (2)

  1. Jeffrey J. Padgett

    Contributor Level 12

    4

    Lawyers agree

    Answered . A pre-nup falls under contract law which can trump family law if drafted correctly, and you can provide for her and your children in that agreement should a divorce occur. Hopefully your marriage will not have to fall back on the pre-nup. Good Luck!

    The state of Mississippi does not certify lawyers in any specific category of law and the decision to hire an... more
  2. Mary Elizabeth Milek

    Contributor Level 15

    4

    Lawyers agree

    Answered . I would only add that where prenuptial agreements usually fail, is little or no consideration for the party in the weaker financial condition. This is where most prenuptials will be set aside (or large portions of it). Several times I have had to tell a client, I can draft these papers like this if you want, but they don’t stand much of a chance if challenged. Protecting your assets is one thing, but if your prenuptial makes you sound selfish or greedy, don’t be surprised if the entire agreement becomes round file material.

    This reply is provided for information purposes only and does not represent legal advice or an attorney-client... more

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