If you and your partner have chosen not to get married, you may still desire some of the legal benefits of marriage without the title. To learn more about how to achieve this with a non-marital agreement, continue reading. For assistance in creating a non-martial agreement, contact our non-marital agreements attorney. We would be happy to assist you. Here are some questions you may have:
Why should I draft a non-marital agreement?
Some of the benefits that non-martial agreements can offer to couples who wish to remain unmarried include the following:
- Non-marital agreements allow both parties to establish powers of attorney
- Non-marital agreements give both partners the authority to make key health care decisions regarding their significant other, especially if that person is unable to do so at the time
- Non-marital agreements permit both people to make advanced health care directive decisions, such as whether they want life-sustaining treatment like ventilators, feeding tubes, etc.
- Non-marital agreements allow both partners to include each other in their life or health insurance policies
What makes non-marital agreements valid and enforceable?
Like many legal agreements, non-marital agreements must meet several qualifications before it is considered valid and enforceable.
The following are the qualifications for a non-marital agreement in New Jersey:
- All property, such as homes cars, etc., included in the cohabitation agreement must be fully disclosed and correctly valued
- Both parties will have to either have to retain legal counsel or explicitly waive their right to legal counsel in writing
- Both parties must concede they’ve had a reasonable amount of time to consider the benefits/implications of the non-marital agreement before signing
- Both parties must concede that there is has been no manipulation, coercion, or threat by either party regarding the signing of the document
Non-marital agreements are not set in stone. If you and your partner wish to revise this agreement later, you will be able to. If you are looking to create a non-marital agreement, our firm would be happy to assist you. Give our non-marital agreements attorney a call today to learn more about our services, experience, and team. Our legal team is looking forward to hearing from you. Pick up the phone today to schedule your initial consultation with our firm.
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.