There are a lot of misconceptions when it comes to prenuptial agreements. But, these agreements can be extremely beneficial for both you and your partner. Read on to learn more about prenuptial agreements in New Jersey.
What is a prenuptial agreement?
A prenuptial agreement is a legal document that declares how a couple’s assets will be divided in the event that their marriage ends due to separation, divorce, or death. Because these agreements deal with the end of a marriage, many couples avoid discussing them. But, in reality, prenuptial agreements can help ensure that both you and your future spouse are protected. Additionally, it can help ensure that you get important financial discussions out of the way before your wedding, rather than after.
What can I include in a prenuptial agreement?
Some of the things you can include in a prenuptial agreement include:
- Residences and real estate properties
- Business assets
- Investments, stocks, and bonds
- Trusts
- Amount, duration, or waiver of alimony
It is important to know that there are some things you cannot include in a prenup. For example, you cannot include child custody arrangements in your prenup. You also cannot include “lifestyle clauses,” for example, consequences for a spouse’s weight gain, etc.
What makes a prenuptial agreement valid?
A prenuptial agreement is only considered valid under the following circumstances:
- If each party had its own attorney when creating the agreement
- If full financial disclosure was provided by both parties
- If the agreement was not signed under coercion or duress
- If the agreement was reviewed and approved by the courts as enforceable at the time it was created
Additionally, it must meet 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
If you have any questions or concerns about prenuptial agreements in New Jersey, our firm is here to help. Reach out today to discuss your options with an experienced attorney.
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
