A prenuptial agreement (often referred to as a “prenup”) can cover property division and spousal support but does not cover items that are considered to be unconscionable and issues regarding children.
Child custody and child support issues cannot be pre-determined in a prenup because everything regarding children is modifiable. One cannot declare in a document, before children even exist, how custody will be handled, who will have it and what support will be paid.
Typically, what is covered in a prenup includes the division of assets, which assets are separate or marital property, division of debts and liabilities and spousal support.
Q: What would qualify as unconscionable and cannot be included in a prenup?
A clause that would say that the parties will never have children will invalidate the agreement. A clause that defines or controls sexual conduct, frequency or type will be considered unconscionable.