What Makes a Prenuptial Agreement Fair?

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A prenuptial agreement is a contract in which you and your future spouse will declare how you will divide your assets in the unfortunate event of a divorce. This may just be the most important way you can financially protect yourself, so you must ensure that you are signing a fair agreement. Continue reading to learn what makes a prenuptial agreement fair and how one of the experienced Hudson County family law attorneys at Greenberg & Walden, LLC can help you in determining this.

How do I make my prenuptial agreement fair?

Before all else, you must understand that a prenuptial agreement may be entered voluntarily. And so, you should not be signing this contract while under coercion, duress, or manipulation. Doing so will make this contract invalid in the eyes of the New Jersey family court. And even after you willingly sign this document, you should give yourself enough time before following through with your nuptials. This will allow you to comprehend the full gravity of the commitment you signed up for.

What’s more, a prenuptial agreement is only fair if both you and your spouse disclose all of your assets and debts. This should even include your small personal items that do not carry much monetary value and your small debts that you plan to pay off soon. Hiding assets from your spouse will make your marriage start off as a lie. But also, if the New Jersey family court gets word of this, you may be in legal trouble far more significant than divorce proceedings.

In addition to a prenuptial agreement being fair, it must also be valid and enforceable. This is possible if you and your future spouse abide by the following:

  • Your agreement must be in writing.
  • Your agreement must be notarized.
  • Your agreement must be signed in writing by you and your future spouse.
  • Your agreement must be executed before your and your future spouse’s nuptials.

What myths regarding prenuptial agreements should I ignore?

If you and your future spouse put the work in, your prenuptial agreement can be quite beneficial. There are certain stigmas surrounding this document and even myths that you should simply ignore. They are as follows:

  • This agreement indicates an unstable marriage.
  • This agreement is only for high-net-worth individuals.
  • This agreement is expensive to establish.
  • This agreement will not be accepted by the New Jersey family court.

For more information on how to navigate your prenuptial agreement, you should reach out to one of the skilled Hudson County family law attorneys. We will ensure that you are not being taken advantage of by your future spouse, along with helping you negotiate a fair and just agreement. We look forward to collaborating with you.

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