Amanda T., Callensburg, PA:

“If I get a prenuptial agreement, can my fiancée and I put in there what religion our kids are going to be raised?“

The Love Lawyer:

You can put the language in the prenuptial agreement but the court may not enforce the terms of the agreement with respect to religious issues concerning children. When deciding a dispute about religious upbringing, courts might consider any oral or written parenting agreements that the couple previously made about how to handle the children’s religious upbringing. Sometimes the court will say that the agreement is too vague. For example, many agreements fail to specify the degree and number of years of religious training and/or how often the child will attend services and other religious events. Depending on the length of the marriage, the court may choose not to enforce the provision because the agreement is too old. The court may also be reluctant to trample on an individual’s First Amendment rights. The court would rather look at the best interests of the children at the time of the divorce than monitor the terms of the agreement.