Morristown Prenuptial Agreement Attorneys
Prenuptial Agreement Attorneys in Morris County, New Jersey
Taking the next step in a relationship is exciting; however, when marriage is on the table, a couple must prepare for the future. One way to do so is by executing a prenuptial agreement. If you are considering a prenuptial agreement, it is important to retain the services of experienced Morristown Prenuptial Agreement Attorneys who can effectively represent your interests. In some situations, you may need an attorney to assist you with legal action after a prenuptial agreement has already been executed. Contact Lazor Rantas, PC today to discuss your situation.
Ensuring the Validity of Your Prenuptial Agreement
In the state of New Jersey, you must meet certain requirements to ensure your prenuptial agreement is valid. For a prenuptial agreement to be valid in New Jersey, it must meet the following requirements:
- The agreement must be in writing.
- It must include full and fair disclosure of all earnings, property, and financial obligations.
- Each party has consulted independent counsel, or voluntarily and expressly waived that right in writing.
- The agreement is executed before the marriage.
- The agreement has been voluntarily signed by both parties.
It is important to note that if a prenuptial agreement is not executed prior to the marriage, the couple is permitted to obtain a postnuptial agreement as long as both parties agree.
What Can Be Included in a Prenuptial Agreement?
In New Jersey, only financial matters may be included in a prenuptial agreement. There is no language permitted regarding child custody or visitation for any future children that the couple may have. Language regarding child support is also prohibited from being included in the prenuptial agreement. The couple can address the division of assets in their prenuptial agreement and declare that certain property or assets remain separate property. These documents can also address alimony payments after a divorce. Prenuptial agreements can go into effect in the event of a divorce, separation, or the death of one of the parties.
Frequently Asked Questions About Prenuptial Agreements in New Jersey
Do both spouses need their own lawyer for a prenup in New Jersey?
No. New Jersey does not require each party to have independent counsel for a prenuptial agreement to be valid. A party who does not consult a lawyer must voluntarily and expressly waive, in writing, the opportunity to consult independent legal counsel. That said, having separate attorneys review the agreement is strongly recommended, because it makes the agreement harder to challenge later.
Can a prenuptial agreement be thrown out in New Jersey?
Yes, but the burden is high. The party challenging the agreement must prove, by clear and convincing evidence, that they signed it involuntarily, or that it was unconscionable when executed because they lacked full and fair financial disclosure, adequate knowledge of the other party’s finances, or the opportunity to consult counsel without a written waiver.
Contact the Morristown Prenuptial Agreement Attorneys at Lazor Rantas, PC
The legal team at Lazor Rantas, PC understands that couples may be hesitant to consider a prenuptial agreement. However, there is nothing wrong with being prepared for any unexpected situations that may arise in the future. If you are thinking about getting married, do not overlook the importance of a prenuptial agreement. These documents are not solely for individuals with a high net worth. They can protect anyone entering a marriage, regardless of their financial status. For strong legal representation when it matters most, contact Lazor Rantas, PC today to schedule a consultation.
