Prenuptial Agreements

Prenuptial Agreements

Prenuptial Agreement Attorneys Bergen County, NJ

Experience Helping Clients across NJ With All Prenuptial Agreement Issues

While the last thing any couple who is about to get married wants to discuss is the possibility of a divorce, the fact of the matter is that planning for your future, both as a couple and as individuals, can set the foundation for a communicative, honest, and prudent marriage.

Prenuptial agreements may include a plan for a variety of important issues such as child custody and spousal support, and they may also help both parties protect complex assets such as businesses, properties, investments, and assets. Not only can this plan help both parties avoid the cost of expensive and time-consuming litigation, but it will also help both parties feel more confident and secure entering the important and life-changing relationship that marriage is.

At The Law Office of Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients across Hackensack, Ridgewood, Fort Lee, and the greater Bergen County area to discuss, draft, and even enforce legal and binding prenuptial agreements. Contact our firm today to discuss your specific needs and concerns regarding a prenuptial agreement in a free and confidential consultation.

What can my Prenuptial Agreement Include?

Prenuptial agreements are designed to protect the property and interests of both parties in the event of not only a divorce, but other important circumstances such a separation, the death of a spouse, or any other specific circumstance the couple wishes to address. Prenuptial agreements can also include terms regarding child custody, but it is important to keep in mind that if a court determines that those terms are not in the best interest of the child, they most likely will not be legally binding. Finally, prenuptial agreements can also include terms regarding spousal support and maintenance of lifestyle.

If you are considering a prenuptial agreement, it is highly recommended that you consult with a Bergen County marital agreement attorney so you can share your specific needs and concerns by having a conversation with a knowledgeable attorney. That being said, some of the specific terms prenuptial agreements may include are:

  • The rights of both spouses to joint and separate property during, or after, their marriage
  • The rights of both spouses to buy, sell, use, transfer, exchange, abandon, lease, assign, dispose of, or manage specific assets or properties of the marriage
  • How property will be divided in the event of separation, divorce, death, or any other circumstances the couple wishes to address
  • How spousal support will be handled in the event of separation or divorce
  • The handling and ownership of life insurance policies
  • Potential child custody or visitation issues
  • Any other matter concerning personal rights and obligations the couple wishes to address, given they are not against public policy.

You and your future spouse will need to decide the issues you wish to address in your prenuptial agreement. Once you’ve decided, you can begin discussing the specific terms of each and any of those issues. For a prenuptial agreement to be legally valid and enforceable, both parties will have to retain separate legal counsel, or waive their right to legal counsel in writing. While it is possible to proceed without an attorney, any time you are dealing with critical issues regarding your finances and future, it is highly recommended that you speak with an attorney to ensure your rights, obligations, and options have been thoroughly explored, and protected, in your prenuptial agreement.

Is My Prenuptial Agreement Legal and Enforceable?

Of course, if you and your spouse have gone through all of the efforts to discuss, decide, and create a prenuptial agreement, you will want that agreement to be both legal and enforceable. New Jersey’s 1988 version of The Uniform Premarital Agreement Act (UPAA) specifies exactly how prenuptial agreements must be drafted and handled to be considered valid. These requirements include:

  • The Prenuptial Agreement must be in writing and signed by both spouses
  • Both spouses must fully, and accurately, disclose all relevant financial information, and attach these disclosures to the agreement
  • Both parties must have separate legal counsel, or waive their right to counsel in writing
  • The agreement must be signed without duress, coercion, or deception by either party

One of the most important requirements here is that of full and accurate disclosure of assets. If any asset mentioned in the prenuptial agreement is improperly valued, it can void the legality of the prenuptial agreement. Furthermore, if certain assets are withheld or hidden by one spouse from the other, it can also damage the validity of the prenuptial agreement.

Your prenuptial agreement attorney can advise and inform you of the advantages or disadvantages your specific prenuptial agreement offers. Additionally, an attorney can also help you ensure that assets and property are both fully disclosed and valued in a manner that protects the legality of your prenuptial agreement.

Contesting or Modifying a NJ Prenuptial Agreement

The validity of any prenuptial agreement can be called into question if and when any of the terms listed above were violated. For example, if your prenuptial agreement includes terms regarding a private or family-owned business, but that business was not accurately valued, or information regarding it was not fully disclosed at the time of the signing of your prenuptial agreement, you and your Hackensack prenuptial agreement attorney may be able to void any or all of the terms outlined in that agreement.

Furthermore, prenuptial agreements can be modified at any time throughout your marriage as your needs or circumstances change. However, to do so, both you and your spouse will need to sign a written agreement confirming your approval of these modifications.

Of course, when you are dealing with the validity of your prenuptial agreement, or attempting to modify that agreement, it can be of enormous value to retain experienced legal counsel. Your attorney can advise you on your specific options regarding contesting or modifying your prenuptial agreement, as well as help to ensure your legal and financial interests are secure.

Contact our Bergen County, NJ Marital Agreement Attorneys Today

At The Law Office of Townsend, Tomaio & Newmark, our family law attorneys have extensive experience helping clients across Bergen County with all prenuptial agreement issues, including drafting sound and legal agreements, contesting unreasonable and invalid prenuptial agreements, and modifying prenuptial agreements after marriage.

By practicing exclusively family law, our firm is able to provide each of our clients with the knowledgable, compassionate, and effective legal service they need and deserve in any family law matter, including marital agreements and divorce.

To speak with our firm in a free and confidential consultation today regarding your unique needs and concerns related to prenuptial agreements or any other family law matter, please contact our office today.

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