Fort Lee Prenuptial Agreements Lawyer
A successful marriage requires honest decision making and planning for the future. Having the conversation early can help spouses better understand the other’s financial well-being, or lack thereof. The agreement can create a strong foundation by forcing couples to discuss issues they may have previously avoided.
If you have assets, or other financial considerations that exist prior to the marriage, you should consult a Fort Lee prenuptial agreements lawyer to learn how to safeguard your wealth, or shield yourself from your spouse’s debt, while ensuring your spouse is treated fairly under the terms of the arrangement. Your experienced attorney could provide a neutral ground for discussing the agreement in a manner that benefits both parties.
Importance of Retaining Legal Counsel Prior to Marriage
When planning a wedding, discussing prenuptial agreements can be difficult. In every marriage, there are important conversations that must happen at some point, including ones about financial responsibilities and obligations, children, debt, assets, living arrangements, potential debt, inheritance, salaries, and retirement plans. Knowing these details will prove helpful in the long run of a marriage.
New spouses should consider a local prenuptial agreements lawyer as a backup plan or safety net who can lead them in productive conversations about foundational issues before they negatively affect their relationship.
In the event that the marriage ends in divorce, there should be a plan in place that both parties agree upon to resolve the division of assets. Since divorces are often contentious, adversarial affairs, discussing these terms when the spouses are clear-headed and on good terms is likely the best time to decide these matters.
Prenuptial Agreement Terms
Prenuptial agreements are used in a variety of situations, not just for the division of assets upon divorce, although that is the primary concern. Prenuptial agreements also determine the legalities of:
- Religious instruction for children
- Life insurance proceeds
- Retirement or education funds
- Property interests
- Debt repayments
It is also important to remember what terms a prenuptial agreement cannot cover. These agreements cannot cover decision making for children, child support, rights to the marital home, illegalities, verbal agreements, or stipulations regarding a spouse’s physical appearance. In the event an agreement contains one or more of these provisions, it will not be enforceable in court. A nearby attorney could ensure that a couple’s prenuptial agreement covers all of the relevant information while maintaining the appropriate scope.
What Makes a Prenup Valid?
A prenuptial agreement, in order to be valid, requires a full and fair disclosure of the earnings, property, and financial obligations of each party. If the parties do not submit a voluntary waiver in writing to disclose their financial obligations, their prenup may not be enforceable by the court.
A couple cannot sign this type of agreement under coercion or duress, it must of their own free will. Additionally, the agreement must be in writing and notarized, include full disclosure at the time of execution, be fair and just for both parties, and be executed before the marriage.
The parties must also either each be represented by independent lawyers or willingly waive their right to an independent lawyer in writing.
Can a Prenuptial Agreement be Contested?
A prenuptial agreement can be contested. Once it has been challenged, the court will consider different factors to determine enforceability, such as whether the agreement was entered into voluntarily, whether the agreement is unconscionable (meaning, extremely unfair to one party), whether both spouses exchanged complete disclosure of their assets and debt, and whether they each had their own lawyer. If these standards were not met, the prenup could be found to be invalid, and its terms will not hold up in court.
Contact a Fort Lee Prenuptial Agreements Attorney to Plan Your Future
If you are planning on getting married soon, you should contact a Fort Lee prenuptial agreement lawyer to learn about your family rights and responsibilities under state law. Your attorney can guide you through the process for properly drafting and executing a prenuptial agreement, which must be in writing, and can also discuss the ramifications if you decide to divorce without the prenuptial agreement in place. Having a roadmap for your financial future can assist with determining whether a prenuptial agreement is right for you. Call today to schedule a consultation.