What You Need to Know About Prenuptial Agreements in New Jersey

In today’s day and age, divorce is more common than ever. For this reason, more and more couples throughout the United States are drafting prenuptial agreements in an effort to protect their assets from a future potential divorce. While drafting a prenuptial agreement before marriage is hardly considered romantic, the truth is, these agreements are simply useful tools that can save both parties greatly in the long run, and with a knowledgeable Bergen County family law attorney at your side, drafting one can be a breeze, and once you do, you’ll have the peace of mind you need to move on with your lives and focus on what matters most. Here are some of the questions you may have about prenuptial agreements in New Jersey:

What assets can couples protect in prenuptial agreements?

When you draft a prenuptial agreement, you can protect most of your assets acquired before your marriage. These can include inheritances, businesses, cars, and more. Additionally, when you and your future spouse draft a prenuptial agreement, you can also outline other terms of a potential divorce, including those involving alimony, property distribution, and more.

What makes a prenuptial agreement valid in New Jersey?

For a prenuptial agreement to be valid and enforceable, just like any other legal document, it must meet various standards. To start, prenuptial agreements must be in writing, they must be fair and just to both parties, both parties must have had sufficient time to consider the terms of the prenuptial agreement, both parties must have separate legal counsel or waive the right to legal counsel, both parties must fully disclose all financial information, and there must be no evidence of coercion, manipulation, or deceit into signing such a document.

Can I draft a prenuptial agreement if I have already married?

If you are already married, you may not still draft a prenuptial agreement. However, you can still draft a postnuptial agreement, which serves the same essential purpose as a prenuptial agreement, though these agreements are drafted exclusively after marriage. If you are looking to draft a prenuptial agreement, a postnuptial agreement, or any other marital agreement, please do not hesitate to speak with our knowledgeable Bergen County family law attorneys today. We are here to help guide you through every step of the legal process ahead.

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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