What Should My Prenuptial Agreement Cover?

hand holding wedding rings

If you plan to sign a prenuptial agreement, you should make sure that everything that you want to include gets included. You also want to be sure that nothing that could affect the legality of your prenup gets included accidentally. These are good reasons to consult our prenuptial agreement attorneys in Bergen County, NJ before you do anything.

What Can I Put in a Prenuptial Agreement?

A prenuptial agreement is designed to cover financial and property-related matters. If you and your spouse do end up getting a divorce, such an agreement can make the terms of the divorce clear, saving you both a lot of time and money. Matters that can be addressed in a prenup include:

  • What happens to shared property
  • What’s done about a small business owned by either or both spouses
  • How inheritances are handled
  • A spousal support agreement
  • Property interests for children from previous marriages
  • How household expenses will be managed
  • How joint investments will be approached
  • What happens to property that both spouses brought into the marriage
  • A custody arrangement for shared pets

What Can’t Be Included in My Prenuptial Agreement?

There are some matters that cannot and should not be addressed by a prenuptial agreement. Your prenup should not include anything like:

  • Child custody or visitation agreements
  • One spouse waiving their right to alimony
  • Illegal activity

A provision can be struck from a prenuptial agreement if it is not appropriate, but sometimes that can result in the entire agreement being voided.

What Are Some Benefits of a Prenup?

A prenuptial agreement does not just make a potential divorce less contentious. It can also set financial rules for the marriage, meaning that it’s useful even if a couple never gets divorced. Figuring out how joint expenses and investments are handled before you walk down the aisle can save you a lot of stress and help you avoid arguments later on.

Can a Prenup Be Rendered Invalid?

As we mentioned, having illegal provisions in a prenuptial agreement can threaten to invalidate the document as a whole. Those are not the only potential hazards though. A prenup can also be invalid if:

  • It was signed under duress
  • One or both parties did not make complete financial disclosures
  • It is blatantly unfair to one party
  • The agreement was signed right before a wedding ceremony
  • One partner was not allowed to consult an attorney

Do I Need a Lawyer to Write One?

It is recommended that you have a lawyer write your prenup. Not only can they help you avoid some of the legal missteps outlined above, but they can also help ensure that all important financial matters are addressed in your agreement. This is an important document, so make sure that it is handled correctly.

Schedule Your Consultation

If you are planning to write up any agreements with your soon-to-be spouse, have our lawyers help out. Contact the Law Office of Townsend, Tomaio & Newmark to schedule your consultation. Tell us more about what you are looking for and what you want your agreements to protect, and we’ll get right to work for you.

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