How to Find a Marital Agreements Lawyer in New Jersey

Making long-term decisions in a relationship can be difficult, especially when emotions and finances are involved. But when it comes to marriage—whether you are getting ready to walk down the aisle or have been married for years—having a clear, legally sound agreement can help prevent future misunderstandings, including if the marriage ends in divorce. Prenuptial or postnuptial agreements set expectations and create a plan in case things change.

If you are considering this step, finding a marital agreement lawyer in New Jersey who understands your needs and the State’s legal requirements can make the process much smoother. At Moskowitz Law Group, we work with individuals and couples to draft personalized agreements that align with their goals and comply with New Jersey law.

Understanding the Purpose of Prenuptial and Postnuptial Agreements in New Jersey

These agreements—whether signed before or after a marriage—are meant to provide clarity and order on financial matters for the marriage, including if the marriage ends in divorce. That includes dividing assets and debts, outlining spousal support, and more.

Under The New Jersey Uniform Premarital and Pre-Civil Union Agreement Act (N.J.S.A. 37:2-31, et seq.), prenuptial agreements are enforceable unless the agreement was unconscionable when the parties entered into it. In determining whether an agreement was unconscionable, the Court will look to see if either party did not fully disclose their finances or did not clearly waive their right to have an attorney for the agreement. If the Court does not find that the prenuptial agreement was unconscionable, the agreement will be enforced. Postnuptial agreements can be useful if your financial situation has changed during the marriage. Importantly, the Court applies extra scrutiny when determining whether to enforce postnuptial agreements. It is much more common for a court to invalidate a postnuptial agreement than a prenuptial agreement.

A New Jersey family law attorney can help you understand what makes an agreement valid and enforceable and help you draft one that is built to last.

What Should You Consider When Choosing a Lawyer?

There is a lot at stake with prenuptial and postnuptial agreements. It is important to find someone who is not only familiar with New Jersey’s laws but who also takes the time to listen. Spousal support and equitable distribution of assets and debt are complex topics. The lawyer you choose should be able to explain them in a way that makes sense to you.

At Moskowitz Law Group, we focus on communication. We know this process can feel awkward, or even tense, and we are here to make it easier by being straightforward, respectful, and attentive to the details.

What Happens During the Process?

Your attorney will begin with a comprehensive review of your finances. Both spouses will need to provide documents showing income, assets, and debts. Once all the facts are on the table, your lawyer can discuss your ideal terms and begin drafting the agreement.

Each person should have their own legal counsel and the final version should reflect a deal that both parties feel is fair enough to agree to. If a dispute ever arises in the future, the Court will look at whether the agreement was made honestly, openly, and without pressure. If your spouse or spouse-to-be does not find the first draft of the agreement fair enough to agree to, your lawyer will begin negotiating with the other lawyer to reach an amicable solution.

One Thing Most People Overlook: Timing Matters (Sometimes)

Many people think about prenuptial agreements just weeks before the wedding, or only consider a postnuptial after a major event in the marriage. But timing can affect how the agreement is viewed. Signing too close to the wedding date could raise questions about whether both parties really had time to think things through and voluntarily enter into the agreement without duress. Making such a determination is fact-sensitive. If the agreement is being made shortly before a wedding or after major event in the marriage, it is crucial that the agreement contain careful language and other action is taken addressing the circumstances to maximize the chances of enforceability.

Bringing up these topics early—well before a wedding or after a big life change d—gives both parties time to ask questions and get advice. A good lawyer will not rush the process and will help you get it right the first time.

Talk to a New Jersey Marital Agreements Lawyer Today

Planning for your future as a couple includes honest conversations and clear agreements. Whether you are thinking about a prenuptial agreement or updating your plans with a postnuptial agreement, it is common to wonder how to find a marital agreements lawyer in New Jersey. Moskowitz Law Group is here to support you.

Our attorneys work closely with our clients to create agreements that are not only legally enforceable but also make sense for their future. To find out how a marital agreements lawyer in New Jersey can help, contact us today.