Creating Non-Marital Agreements in New Jersey

Many people look forward to marriage, however, many people are also perfectly content with remaining unmarried and spending all their time with their life partner. Fortunately, you can receive many of the benefits and protections afforded by marriage through what is known as a non-marital agreement. Please continue reading and reach out to our knowledgeable Bergen County family law attorneys to learn more about these agreements and how they may benefit you. Here are some of the questions you may have:

Why should I draft a non-marital agreement?

There are several potential benefits of drafting non-marital agreements in New Jersey, some of which are as follows:

  • When you create a non-marital agreement, both you and your partner can establish powers of attorney.
  • Both you and your partner, with the assistance of a non-marital agreement, can make key health care decisions regarding the other if that person is unable to do so for themselves.
  • A non-marital agreement allows partners to establish advance health care directives. This means that your partner can follow your wishes regarding feeding tubes, ventilators, and end-of-life care.
  • With a non-marital agreement, both you and your partner can include each other on your life insurance policies.

What makes a valid and enforceable non-marital agreement in New Jersey?

For a non-marital agreement to have any legal standing, it must be valid and enforceable. Not unlike various other legal documents and agreements of the sort, they must first meet several qualifications. They are as follows:

  • Both parties must retain legal counsel or explicitly waive their right to legal counsel in writing
  • Both parties must verify that in the course of creating and signing the document, there was no manipulation, coercion, or threat by either party.
  • All property included in the non-marital agreement must be fully disclosed and accurately valued.
  • Both parties must confirm that they’ve had sufficient time to consider the benefits/implications of the non-marital agreement before they sign it.

Though non-marital agreements are legally enforceable, you and your partner can still change the terms of your agreement down the road as your lives also change. If you would like to create or update a non-marital agreement, do not hesitate to give our experienced Bergen County family law attorneys a call today. We are here to help.

Contact our experienced Bergen County firm

At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee. To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

Read Our Latest Blog Posts

  •  How Do I Protect My 401(k) In a Divorce?
  •  Does Child Support Cover School Lunches?
  •  What Should My Prenuptial Agreement Cover?