When your prenuptial agreement Legal requirements of a prenuptial

When you are preparing
for your wedding, it can be a fun-filled, exciting, and anticipating
experience. The thought of spending the rest of your life with your future
spouse can be a happy moment for you. However, there are a few things you
should consider first before making that huge lifetime commitment. If you are a
resident of and are planning to get married in Somerset County, or anywhere in
New Jersey, it is advisable, in advance, to seek and consult with a prenuptial
agreement lawyer.

 

If you or your future
spouse have large assets and/or liabilities, it may be in your and your future
spouse’s best interest to consider getting a prenuptial agreement. Our prenuptial agreement
attorneys can provide you with legal advice if you having any questions
regarding:

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What a prenuptial agreement is
and why it may be needed
Drafting and preparing your
prenuptial agreement
Issues that can be
addressed/discussed in your prenuptial agreement
Legal requirements of a
prenuptial agreement under county and state laws

Our attorneys are here
to provide you with the proper legal guidance in creating a prenuptial
agreement and the benefits of obtaining private legal counsel in Somerset
County.

 

In New Jersey, a
prenuptial agreement, also known as a premarital, pre-civil union or
antenuptial agreement, is a contract made between two “prospective spouses… in
contemplation of marriage” and made effective upon the legal start of the
marriage. (N.J. Stat. Ann. 37:2-32, 2-36).            

The purpose of having a
prenuptial agreement is to make decisions on each spouse’s property rights and to
make sure that each of their assets obtained before the marriage will remain
their own even if the marriage ends. The divorce process in New Jersey can be
very time-consuming, so having a prenuptial agreement can help shorten that
process and save both spouses the financial and emotional stress that comes
from dealing with a divorce.  

 

According to New Jersey
state law, prenuptial agreements can address various marital issues, including,
but not limited to:

Distribution of property upon
divorce, separation or death of a spouse;
Modification/elimination of
alimony;
Division of accumulated assets
during the marriage; and
Estate planning (N.J. Stat.
Ann. 37:2-34)

 

When drafting a
prenuptial agreement, there are certain requirements and limitations that both spouses
must follow under New Jersey state law.

In order for a
prenuptial agreement to be valid and enforceable, it must “be in writing, with
a statement of assets annexed thereto” and “signed by both parties” (N.J. Stat.
Ann. 37:2-33). The attached statement details each prospective spouse’s assets
and liabilities so as to provide both spouses with a full and fair disclosure
of their respective finances.

In Somerset County or
anywhere else in New Jersey, issues regarding child support, visitation, and
child custody cannot be included in any prenuptial agreement because such terms
could adversely affect one’s rights to child support. Those issues are
generally decided by the courts in order to determine the best interest of the
child in the event of a divorce or separation (N.J. Stat. Ann. 37:2-35).

Although it is not
required, before signing any prenuptial agreement, it is highly advisable that
each prospective spouse consults with their respective attorneys, preferably a
couple of months before their wedding date. If one spouse wishes to not consult
with an attorney, then a statement must be included in the prenuptial agreement
saying that he/she voluntarily waived his/her right to independent legal
counsel.Discussing about and
preparing for a prenuptial agreement with your future spouse is never an easy
experience. Our prenuptial agreement attorneys are here to help guide you into
understanding what you can and cannot include in an agreement. Contact our firm
now to learn more about prenuptial agreements.