What You Need to Know About Non-Marital Agreements in New Jersey

In today’s society, many people simply choose not to marry. If you are living with your life partner, however, you may desire some of the legal benefits of marriage, just without the title. Fortunately, our experienced Bergen County family law attorneys are here to help. Please continue reading and reach out to our firm to learn more about non-marital agreements and what we can do for you. Here are some of the questions you may have:

What is the purpose of drafting a non-marital agreement?

Non-marital agreements serve various functions, which is why they are such helpful documents for couples who wish to remain unmarried. Some of the many benefits of non-marital agreements are as follows:

  • They allow both parties to establish powers of attorney
  • They 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
  • They permit both people to make advanced health care directive decisions, such as whether they want life-sustaining treatment like ventilators, feeding tubes, etc.
  • They allow both partners to include each other in their life or health insurance policies

How do I know if my non-marital agreement is valid and enforceable?

There are several qualifications a non-marital agreement has to meet before it is considered valid and enforceable, similar to prenuptial and postnuptial agreements. The qualifications for a non-marital agreement in New Jersey are as follows:

  • 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 that there is has been no manipulation, coercion, or threat by either party regarding the signing of the document
  • All property, such as homes cars, etc., included in the cohabitation agreement must be fully disclosed and correctly valued
  • Both parties must concede they’ve had a reasonable amount of time to consider the benefits/implications of the non-marital agreement before signing

Fortunately, though a non-marital agreement is legally enforceable, it is not set in stone. Simply put, if you and your partner wish to revise this agreement down the road, you can. If you and your partner ultimately determine a non-marital agreement is a solid option, we are ready to help you.

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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