Prenuptial Agreements

Most prenuptial agreements have a negative stigma. But in today’s world with blended and unique family circumstances, prenuptial agreements not only protect your assets but they can protect your family. Prenuptial agreements encourage couples to talk about their individual aspirations and future goals. Prenuptial agreements are not always purely financial. Some couples may incorporate a commitment to have a monthly “date night” in their agreement.

A prenuptial agreement is added protection in the event you go through a divorce. Think of a prenuptial agreement similar to a will. If you die without a will, your property will be distributed in accordance with the New Jersey statutes. Therefore, the government – not you – will determine how your property will be divided upon your death. A prenuptial agreement is a commitment that you and your partner make to determine how you both will divide your assets in the event of a divorce. You are making a commitment to take control of your financial future and take the decision making away from the court. You have the ability to pre-determine your financial security.

To be valid in New Jersey, a prenuptial agreement must be:

-In writing
-Executed voluntarily
-Not be too one-sided, or unconscionable
-There must be full financial disclosure
-Both parties must have adequate time to review the agreement.
-Both parties must have an adequate opportunity to consult with counsel of their own choosing.

Every case is unique. It is important to speak with a New Jersey family law attorney experienced in prenuptial agreements who can provide guidance as to your individual case. Call (973) 813-8100 to schedule a free consultation.