What Makes a Non-Marital Agreement Valid?

person writing on paper

Many life partners will choose not to be formally married in today’s day and age. They do not require marriage to commit themselves to one another. However, married couples are allowed access to various legal and financial benefits due to their marital status. Non-married couples are not given access to these same benefits. This is why non-martial agreements might be of interest to life partners who are seeking similar benefits to a married couple. Continue reading to learn more about non-marital agreements. Contact our experienced family law attorney to learn how we can assist you in drafting these agreements. Here are some questions you may have regarding non-marital agreements and the qualifications they will need to meet:

What are non-marital agreements?

Non-martial agreements are used to detail the terms of a couple’s partnership including financial, legal, or medical decisions. Non-martial agreements will allow couples to create powers of attorney, gives couples the right to create advance healthcare directives, and allows couples to have the right to include each other on their life insurance policies.

What makes a non-martial agreement enforceable?

There are various qualifications that a non-martial much meet to become valid. The following qualifications must be met for a non-martial agreement to be considered enforceable:

  • There cannot be any evidence of coercion, deceit, or otherwise threatening a partner into signing such a document.
  • Non-marital agreements are required to include full disclosure of both partners’ assets.
  • Both partners must have had sufficient time to consider and understand the terms of their non-marital agreement.
  • Both partners will have to retain legal counsel, or they must explicitly waive their right to legal counsel in writing
  • The agreement must be in writing.

To ensure your non-martial agreements meet the above qualifications, it is important that you retain the services of a Bergen County family law attorney who will work to ensure your non-martial agreements are considered enforceable and valid. An experienced attorney will address all of the needs that you and your partner require to be satisfied with these agreements. To learn more about our services and how we can assist you, give our firm a call today. We would be happy to hear from you. Give our firm a call today to schedule your initial construction.

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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