Paul Brightman and Susan Lightfoot wish to get married.Paul has never liked children and never wants to have children.He and Susan have discussed this and both agree that children are not something either of them wants. They want to travel and enjoy life without being "tied down".

Paul and Susan want to enter into a premarital agreement.Paul has come to your office because he is contemplating adding the following clause into the agreement:

The parties agree not to have children. In the event the wife becomes pregnant, she shall terminate the pregnancy. If for any reason she shall fail to terminate the pregnancy, the husband shall not be liable for child support.

You are tasked to write a memo on what your supervising attorney should advise the client, Paul Brightman.Your supervising attorney needs to know the status of the lawin your state, and what course of action to take in drafting a premarital agreement for the couple. You must research the law in your state, discuss the requirements for a valid and legal premarital agreement,and provide analysis as to whether this is a permissible clause. You should includeyour reasoning as to why this is or is not a permissible clause and what, if anything, should be changed.If you would like to include your opinion, do so separately at the end.Also, ask yourself whether there are any cases out there where this issue was litigated and whether they impact the law in your state.