As you know, marriage is complicated, and though many marriages see ups and downs, the truth is, many marriages simply do not work out in the end. For this reason, many couples throughout the state of New Jersey will draft prenuptial agreements to protect their assets from the pitfalls of a potential future divorce, and if you and your partner drafted a prenuptial agreement, you are most likely counting on certain aspects of your divorce to be clean and relatively easy. Unfortunately, there are times where one spouse will refuse to abide by the terms of the prenuptial agreement when the time comes for a divorce, and when this happens, it can cause all sorts of problems during the equitable distribution process. That being said, our New Jersey divorce attorneys can assist you in prenuptial agreement enforcement to ensure that your former spouse does comply with the terms of your prenuptial agreement. Please continue reading and speak with our firm to learn more about what we can do for you.
How does prenuptial agreement enforcement work in NJ?
The first thing you should understand is that all prenuptial agreements entered into after 2013 are reviewed before the couple in question gets married. Before this, prenuptial agreements weren’t reviewed by a judge to determine whether they are enforceable until the time of their divorce, which caused various issues. Now, when a couple writes a prenuptial agreement before marriage, they are required to have their prenuptial agreement validated in the eyes of the law.
How do I know if my prenuptial agreement is valid and enforceable?
For a prenuptial agreement to be valid and enforceable, it must meet various criteria, including the following:
- The document must be notarized or executed in front of a notary
- The agreement must be fair and just for both parties, with no evidence of coercion or manipulation into signing the document
- It must be in writing
- Both parties must fully disclose all assets
- The agreement must be drafted and executed before the couple is married
As long as your prenuptial agreement is valid and enforceable, your former spouse has no right to violate the terms of your agreement, and if this is happening to you, you should strongly consider hiring an attorney who can work to ensure that your agreement functions as planned. For any further questions, give us a call 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.