Marriage is a beautiful thing, however, many couples choose to simply remain unmarried, though they are partners in life. That being said, marriage inherently comes with various benefits, financially and otherwise, that non-married partners, under many circumstances, do not enjoy. However, if you and your partner are interested in drafting what is known as a non-marital agreement, you may receive many of the benefits that marriage affords. If this sounds like something that may work for you, continue reading and speak with our experienced Bergen County family law attorneys to learn more about non-marital agreements in the state of New Jersey.
What is a non-marital agreement?
A non-marital agreement outlines several aspects of the terms a partnership may have. Some of the many reasons couples draft non-marital agreements in New Jersey are as follows:
- Non-marital agreements allow couples to create certain powers of attorney
- Non-marital agreements allow couples to establish advance healthcare directives, meaning they give the other person the authority to make critical end-of-life decisions, such as whether they wish to have a ventilator.
- Non-marital agreements allow couples to include each other on their life insurance.
- Non-marital agreements allow couples to make critical medical decisions on behalf of the other person if that person becomes incapacitated.
How do I know if my non-marital agreement is enforceable in the eyes of New Jersey law?
To ensure your non-marital agreement is valid and enforceable, it must first meet various qualifications. Those qualifications are as follows:
- It must be in writing.
- Both parties must retain legal counsel or explicitly waive their right to legal counsel in writing
- Both parties must confirm that they have had sufficient time to consider all aspects of the agreement before signing.
- It must include a full disclosure of both partners’ assets.
- Both parties must either retain legal counsel or waive their right to such counsel in writing.
- There must be no evidence of coercion, deception, or threat into signing the document
Fortunately, once your non-marital agreement is validated in the eyes of the law, you will also have the legal right to modify it or change it down the road, should you and your partner’s circumstances change. If you think this sounds like the right option for you, reach out to our Bergen County family law attorneys today.
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.