If you are someone who is looking to soon get married, you may wish to consider the importance of drafting a prenuptial agreement. In the past, there has been a stigma with drafting such agreements, however, as the times have changed, so has the attitude towards prenuptial agreements. Many couples now feel as though it is the practical thing to do, enabling them to move on with their lives and focus on what matters most once they are married.
Prenuptial agreements serve various purposes, though their primary objective is to simply ensure that, should a couple ever get divorced in the future, they will have a document in place that can protect some of their hard-earned assets from the equitable distribution process. That being said, many future spouses often ask themselves whether they need an attorney to draft a prenuptial agreement. The answer is yes. By hiring an attorney, you can help ensure that your agreement meets all of the standards that a prenuptial agreement requires to be valid and legally enforceable in the eyes of the law.
If you are someone who is looking to draft a prenuptial agreement with your future spouse to protect what is yours in a fair, safe, and affordable agreement, look no further than our firm. We have helped countless spouses draft these agreements in the past, and we know we can do the same for you to give you the peace of mind you deserve. Please continue reading and give our knowledgeable Bergen County marital agreement attorneys to learn more about what makes a prenuptial agreement valid and enforceable in New Jersey.
Qualifications for a Valid and Enforceable Prenuptial Agreement
Rather obviously, there is no use in creating a document that is not valid and enforceable in the eyes of the law, which is why you must ensure that your prenuptial agreement meets the following standards. To be valid and enforceable, your agreement must:
- Be in writing
- Be notarized or executed in front of a notary
- Completely disclose all finances
- Be executed before the couple is married
- Be fair to both parties, with no evidence of coercion deception into signing the agreement
- There must also be no evidence of manipulation, deception, or coercion into signing the document
- Every prenuptial agreement must have both spouses either retain legal counsel or waive their right to counsel
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.