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Prenuptial agreements can't be used for child custody or support

Many people are aware of what prenuptial agreements can be used for. Many people in North Carolina considering getting married may use a prenuptial agreement to protect certain assets that they own, such as family valuables or a business. But one thing that a prenuptial agreement cannot be used for is to determine child custody.

Former "Real Housewife" and millionaire businesswoman Bethenny Frankel and her estranged husband both recently filed separate divorce filings, with each basically asking for the same things. Frankel's Skinnygirl company, which has helped her rake in tens of millions of dollars, is reportedly not up for grabs because of the couple's prenuptial agreement.

One thing both Frankel and her husband are asking for is primary custody of their 2-year-old daughter. Both are also asking the other parent to be ordered to pay child support. These are issues that cannot be included in a prenuptial agreement. The parents can come to a settlement after the divorce papers have been filed, but a court will have to approve them.

In addition to the matters dealing with the child, each parent wants the other to pay for medical and dental expenses of the child and the other parent. Each also wants the other to maintain a life insurance policy with the child and the other parent as the beneficiaries.

It appears that this divorce will get heated, since each wants the same thing. While the prenuptial agreement was a responsible move to make, people should not be led to believe that it can address every problem before a divorce even happens. If you want to avoid a long court battle, sometimes working amicably with your estranged spouse may be the best course to take.

Source: Access Hollywood, "Bethenny Frankel's Estranged Husband Jason Hoppy Files Divorce Papers (Report)," Jan. 24, 2013

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