Should I Draft a Prenuptial Agreement?

Should I Draft a Prenuptial Agreement?

In today’s day and age, more and more couples are moving to draft prenuptial agreements to preserve their assets in the event of a future divorce. Please continue reading and speak with our knowledgeable Bergen County family law attorneys to learn more about prenuptial agreements and how we can help you draft one.

What is the purpose of a prenuptial agreement?

There are various reasons why couples choose to draft prenuptial agreements, though they primarily deal with that couple’s finances, and protecting those finances should they ever divorce in the future. Divorce is a very complicated process, which is why it is always best for couples to prepare for the worst. Without prenuptial agreements in place, many spouses end up losing what they feel is theirs in the equitable distribution process. Do not let this happen to you. Our firm can help you draft a meaningful, common-sense prenuptial agreement that may save you and your future spouse greatly in the long run.

What do prenuptial agreements specifically address?

There are various issues a couple may choose do address in their prenuptial agreement. To start, prenuptial agreements can protect certain assets, such as cars, houses, real estate, and more. Additionally, outside of possessions, prenuptial agreements can also settle issues such as alimony, should a couple ever get divorced. Finally, among other things, couples can protect other assets in prenuptial agreements, such as inheritances. The bottom line is that drafting a prenuptial agreement is never a bad idea, and once couples draft them, they are often glad they did, whether they get divorced or not.

What makes a prenuptial agreement valid and enforceable in New Jersey?

For a prenuptial agreement to be valid and enforceable in the eyes of the law, it must meet several qualifications. Some of those qualifications are as follows:

  • It must be in writing
  • It must be notarized, or executed in front of a notary
  • It must be fair and just for both parties
  • There must be no evidence of manipulation, deception, or coercion into signing the document
  • There must be full disclosure of both spouse’s finances
  • It must be executed before marriage
  • Both spouses must retain legal counsel or else explicitly waive their right to do so

If you are someone who is already married, you may not draft a prenuptial agreement, though you can still draft a postnuptial agreement, which essentially serves the same purpose.

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.

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