Should I Draft a Prenuptial Agreement in New Jersey?

With divorce rates at an all-time high in our country, it simply makes sense to draft a prenuptial agreement before your marriage. Though this agreement is not most people’s typical idea of “romantic” the truth is, it may save you greatly in the long run. Please read on and speak with our experienced New Jersey prenuptial agreement attorneys today.

Why do couples draft prenuptial agreements?

The main purpose of drafting a prenuptial agreement is so that couples can predetermine how their assets will be distributed, should they ever get a divorce. Though many people plan for various aspects of their lives, couples oftentimes fail to draft a prenuptial agreement due to the stigma associated with it. Fortunately, in today’s world, more and more couples are realizing the importance, as well as the practicality, of prenuptial agreements.

Without a prenuptial agreement in place, the outcome of your divorce will largely be decided by a judge via the equitable distribution process. This means that many assets you feel are rightfully yours may end up going to your spouse. Fortunately, with a solid prenuptial agreement, you can prevent all this from happening, and both spouses can receive the assets of which they are entitled to. Our firm has been helping couples in Bergen County and across New Jersey draft prenuptial agreements for years, and we are ready to do the same for you.

What are some of the most commonly addressed marital issues in prenuptial agreements?

Prenuptial agreements will generally focus on the most important assets and aspects of a marriage, including who will get the house, car, stocks, or any other marital property that is not generally exempt from a divorce. These agreements can also help spouses predetermine things such as alimony, child support payments, child custody, inheritances, and more.

How do I know if my prenuptial agreement is valid and legally enforceable in the state of New Jersey?

For a valid prenuptial agreement in New Jersey, it must meet the following qualifications:

  • The agreement must be notarized
  • The agreement must be in writing and signed by both spouses
  • Both spouses must have separate legal counsel, or else waive their right to legal counsel in writing
  • The agreement be executed before marriage
  • It must be fair and just for both parties
  • Both spouses must fully and honestly disclose all financial information

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 moving out of your marital home during your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

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