Bergen County Prenuptial Agreement Lawyer
Unless both parties in a marriage sign a legally binding agreement that says otherwise, state law will control their property rights in the event of a divorce. If you and your spouse want to set your own terms for how such matters will be handled, a prenuptial agreement should be written beforehand with help from an experienced attorney.
With so many marriages ending in divorce, it has become more common for couples to think in advance about how to handle things if they someday want to dissolve their marriage. However, prenuptial agreements that are written incorrectly can be held invalid by the courts, which is why you may need guidance from a Bergen County prenuptial agreement lawyer with specific experience in this area of law.
Reasons for Having a Prenuptial Agreement
Individual couples can have a wide range of reasons for creating a prenuptial agreement depending on their circumstances. An agreement can ensure that the children from previous relationships inherit certain property.
In addition, a prenup can define whether an asset is the separate property of one spouse or whether the asset is part of the marital estate during property division, since some kinds of property acquired during marriage automatically become part of the marital estate. A couple can also use a prenup to make financial decisions like whether to open joint accounts.
Ensuring a Valid Agreement
To be sure that a prenuptial agreement will be upheld by courts in the future, each party should be represented by separate attorneys. Judges are sometimes reluctant to enforce such an agreement unless it can be shown that both parties entered into it with full information and without any sort of coercion.
There are several other reasons why a prenuptial agreement might be found invalid, such as:
- One party was not given sufficient time to read the agreement and grasp all its implications
- The agreement was based on false information about one party’s income, assets, or liabilities
- Essential information was omitted
Prenups Do Not Cover Child Support
It is important to note that a prenuptial agreement cannot in any way modify the child support obligations that either spouse would have if the marriage should end in divorce.
As with other contracts, a court may decline to enforce a marital agreement if it finds the agreement “unconscionable.” Certain extreme provisions—such as giving up one’s right to inherit from a spouse, or to receive any spousal support at all no matter how great the disparity in income—could be held invalid under this doctrine.
Talk to a Bergen County Prenuptial Agreement Attorney
In most cases, the legal and financial questions raised by any kind of marital agreements are intricate. On top of that, divorces tend to be highly emotional matters involving the most personal aspects of family life. In short, divorce is typically a highly complex situation.
That is why it can be important to get advice from a Bergen County prenuptial agreement lawyer with both the family law background and the financial expertise to make sure that any prenuptial agreement signed by you and your spouse will be found valid by the courts. Call today to schedule a consultation and get started on your case.