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Why it's wise to mention embryonic custody in a prenup

If you're getting a prenup with your soon-to-be spouse in Kentucky, you're clearly already focusing on the future, which is wise. You may never end up using the document at all, but you're at least considering everything that could happen down the line.

Sticking with this thought process, it's wise to consider embryonic custody at this time. Even if you and your spouse don't plan to need these provisions, getting them in place while drafting the prenup -- when you can make calm, rational decisions -- can be helpful.

You can address what will be done with a preserved embryo in the event of a divorce when you go to the medical facility to have the procedure done. However, this is often an emotional and stressful time. There are many time constraints and you could feel rushed. A lot of parents simply sign the papers they are given without taking much time to really consider them, just trying to get things done.

There are many problems with this, including not really considering your own wishes, but you also have to remember that the facility may be thinking more about its own professionals and any potential liability than about what you want. The documents may be written in a way that shields the facility from legal responsibility, while giving much less consideration to what you desire.

Overall, this does not create the sort of environment in which you can make these important decisions. As such, rather than relying on the paperwork handed out on the spot, you might want to put your desires in a prenup just to have the issues agreed upon and resolved up front.

Source: Divorce Magazine, "Prenuptial Agreements: The New Role They Play in Determining Embryonic Custody," Michael Stutman, Aug. 02, 2016

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