In the past, there has been a stigma attached to drafting prenuptial agreements before marriage. However, in today’s day and age, many couples now see prenuptial agreements for what they are: useful and practical tools that can save them time and money in the long run. If you are engaged to be married, a prenuptial agreement can help you to plan for the future and provide peace of mind in your marriage. If you believe that a prenuptial agreement may be right for you and your spouse, please continue reading and reach out to our experienced Bergen County family law attorneys to learn more about prenuptial agreements, and how our firm can prepare an agreement that protects your finances and assets, determines your rights and obligations, and will likely speed up the legal process in the event of a separation or divorce. Here are answers to some of the questions you may have:
What issues can a prenuptial agreement address?
Couples in New Jersey draft prenuptial agreements for a wide variety of reasons, though overall, they are designed to protect their hard-earned assets from the pitfalls of a potential divorce. Some of the issues that couples can address in their prenuptial agreements are as follows:
- Stock options
- Retirement savings
- Property distribution
What makes a prenuptial agreement valid and legally enforceable in New Jersey?
Rather obviously, no document has legal standing if it is not recognized in the eyes of the law. That is why when drafting such an agreement, you must retain the services of an experienced New Jersey family law attorney who can ensure you do so correctly. For a prenuptial agreement to be considered valid and legally enforceable in New Jersey, it must meet the following qualifications:
- It must be in writing.
- It must include full disclosure of both spouse’s assets.
- The terms must be fair and just to both parties.
- There must be no evidence of coercion or deceit into signing the document.
- It must be drafted and executed before marriage.
That being said, if you are already married, though you may not draft a prenuptial agreement, you may still enter into what is known as a postnuptial agreement. This document essentially serves the same purpose as prenuptial agreements, though it is drafted after marriage.
You are not required to consult or retain an attorney to prepare your prenuptial or postnuptial agreement. However, working with an attorney is recommended to ensure that the agreement accurately reflects your wishes, is drafted properly, and will be valid and enforceable at a later date. If you have any additional questions, please do not hesitate to give our knowledgeable Bergen County family law attorneys a call today.
Contact our experienced New Jersey firm
We understand how confusing certain legal issues can be, which is why we are dedicated to providing individuals with the compassionate, knowledgeable legal representation they deserve. Aronsohn, Weiner, Salerno & Kaufman has helped clients with various difficult legal challenges for over 40 years, which is why we know we have the experience needed to do the same for you. For experienced legal counsel regarding family law, litigation, business law, real estate, and criminal law, you know where to turn–contact Aronsohn, Weiner, Salerno & Kaufman today to schedule a consultation.