One part of a divorce that tends to cause issues between two spouses is the division of assets. That is why some spouses prepare in advance for this possibility and create a prenuptial agreement. Simply put, this is a document that both parties sign before the marriage is official, agreeing to how they will distribute assets in the event of a divorce. Like all other court orders, this can be enforced by the court if one party refuses to follow it. Continue reading below to learn more and contact an experienced New Jersey divorce attorney for help with your case.
How Can a Prenup be Enforced in New Jersey?
In 2013, courts in New Jersey changed the law determining how prenuptial agreements were evaluated to be enforceable. In the past, the document would be reviewed by a judge when a couple filed for divorce to see if it is valid. Now, this evaluation will be done before the marriage takes place. All prenups that are entered into after 2013 will be looked at to determine validity at the time it is created. The following are factors taken into consideration during this time:
- If each party had their own attorney when creating the agreement
- If full financial disclosure was provided by both parties
- If the agreement was signed under coercion or duress
- If the agreement was reviewed and approved by the courts as enforceable at the time it was created
How do I Create an Enforceable Prenup?
Prenuptial agreements can only be made prior to a marriage, not after the union has already happened. The document will only be considered valid if it meets the following requirements:
- The document must be in writing
- Both parties must provide full disclosure at the time of execution
- The document must be notarized
- The document must be fair and just for both parties
- The agreement must be executed before the marriage
Contact our Firm
We understand how emotional and difficult matters of family law can be. If you need the assistance of a knowledgeable attorney to help protect your right to your family, please do not hesitate to contact our experienced firm. We are eager and dedicated to helping you through this difficult time. Our personal injury specialists at Greenberg & Walden, LLC are standing by for a free initial consultation. Call us at 201-528-6928.