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How does a “baby prenup” work and is it effective?

For others reading this answer to your question who do not know what a “baby prenup” is, let me first describe it:

What a “baby prenup” is not

A “baby prenup” is not, as the name might connote, a small or truncated prenuptial agreement. “Baby prenup” is something of a misnomer. A real prenuptial agreement is an agreement that an engaged couple enters into before marriage, or an agreement that a newly wed couple might consider preparing. Why? To anticipate and resolve in advance potential conflicts over property and other issues that could arise in the event of a divorce.

What “baby prenup” is

What “baby prenup” is is an agreement between a husband and his wife* (who may be pregnant or who, with her husband, hopes to have a baby in the future with her husband) that anticipates and resolves in advance potential conflicts over what the parent’s joint and individual parental duties and responsibilities of care for the future child will be. Obviously, the intent of a baby prenup is to 1) facilitate communication between the potential parents and thus avoid and prevent disputes between the husband and wife when they become parents; and 2) ensure that the potential parents make sufficient plans for the successful care and nurturing of their child, if and when one is born to them.

Is a “baby prenup” a good idea?

Not really. I feel that a “baby prenup” cheapens both the joys and the burdens of parenthood by treating pregnancy, childbirth, and parenthood in a legalistic manner.

A couple who wants to have a child can do everything that a baby prenup is designed to do without actually having to draft or sign a contract. If a couple is not mature enough to understand that once they have a baby they are both responsible for the care and rearing of the child (in different and complementary ways) they brought into the world, it is highly doubtful that a written contract would change or prevent anything for the better. Indeed, if you believe that the person with whom you would like to have a child cannot be trusted to do, and would not, in the absence of a written contractual obligation, do all he or she can reasonably be expected to do for that child, that is surely someone you should not have a child with and rear together.

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*or a boyfriend and girlfriend, girlfriend and girlfriend, boyfriend and boyfriend, wife and her wife or a husband and his husband, as the case may be.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/How-does-a-baby-prenup-work-and-is-it-effective/answer/Eric-Johnson-311

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