What You Need to Know About Prenuptial Agreements in New Jersey
When people are about to get married, understandably, the last thing on their minds is a potential divorce. However, just as you would take the time to plan out your wedding, honeymoon, and more, you should also take the time to establish a prenuptial agreement to plan for a potential worst-case scenario. Prenuptial agreements are fantastic tools for couples-to-be to protect their assets in the event of a divorce. Though in the past, there has been a stigma attached to prenuptial agreements, society’s attitude toward them, for the most part, has drastically changed. Please continue reading and reach out to our experienced New Jersey family law attorneys to learn more about prenuptial agreements and how creating one may benefit you. Here are some of the questions you may have:
What can I include in my prenuptial agreement?
Those who wish to create prenuptial agreements in the state of New Jersey may include a wide array of financial matters in their agreement, however, they may not include other family law matters, such as child custody, visitation, or child support. That being said, you may address the division of assets in your prenuptial agreement, and you may state that certain properties or assets are to be exempt from the equitable distribution process, should you ever get a divorce. Furthermore, you may also address alimony payments after your divorce in your prenuptial agreement. Finally, you should note that prenuptial agreements are not only for divorce. In fact, prenuptial agreements can also take effect should you and your spouse separate, or even if you or your spouse passes away.
How do I know if my prenuptial agreement is valid?
As with any legal document, a prenuptial agreement is worthless if it is not valid and legally enforceable. The state of New Jersey requires prenuptial agreements to meet various qualifications before they can be recognized in the eyes of the law. Those qualifications are as follows:
- The prenuptial agreement must be in writing.
- The agreement must be voluntarily signed by both parties, with no evidence of manipulation or coercion.
- The agreement must include full and fair disclosure of both party’s earnings, property, and financial obligations.
- Each party must retain independent counsel.
- The agreement must be executed before the marriage.
What if I am already married and have not yet drafted a prenuptial agreement?
If you are already married, you may not draft a prenuptial agreement. However, you are permitted to draft a postnuptial agreement with your spouse. This document serves the same essential purpose as a prenuptial agreement, however, it is drafted after marriage and not before.
Contact our experienced New Jersey firm
If you are considering a divorce and need an attorney who can effectively represent you through every step you can count on Lazor Rantas, PC. We proudly serve clients throughout New Jersey as they navigate divorce and family law matters. To discuss your case with an experienced legal team, contact Lazor Rantas, PC today.