Hackensack Marital Agreement Lawyer
It is imperative to have a well-drafted marital agreement in Hackensack to potentially save time, heartbreak, and conflict in the event of a divorce. An experienced family lawyer will put as much detail as possible into the agreement to minimize the amount of ambiguity and questions if divorce proceedings begin. Only what is written down and signed ahead of time is enforceable in court. If it is not in a marital agreement, it will likely have to be fought over in court during divorce proceedings. A Hackensack marital agreement lawyer could use their knowledge to draft a comprehensive marital agreement to protect your rights during a potential divorce.
Drafting a Marital Agreement
Each party in a marital agreement should have their own legal counsel for ethical reasons. If there is the same counsel for each party, that attorney may not be able to fully act in the best interest of either party.
A Hackensack marital agreement lawyer could ensure that the language of a marital agreement is in compliance with New Jersey laws. A seasoned lawyer could work to ensure that the petitioner understands every aspect and stipulation of their marital agreement before signing. Signing a marital agreement may forfeit a party’s right to a trial for the division of assets or other post-divorce disputes. These documents can be amended if there was some unconscionable stipulation, but it is not necessarily easy to change an existing marital agreement.
Factors That May Invalidate a Marital Agreement in Hackensack
Parties signing a marital agreement must meet the following requirements:
- They must fully comprehend the document
- They must enter into the agreement willingly without any coercion or under false pretense
- They must not be in an altered state while reviewing and signing the document.
A court can invalidate a marital agreement if they find that there was fraud, coercion, or one party was not in a stable and well mental state when signing. Sometimes parties may not be told the whole truth about a partner’s assets or some fact was omitted so the agreement may not stand. If the courts find that one party was threatened, coerced, or abused into signing an agreement, the court could dismiss the agreement. If the court found that one of the parties was not mentally stable at the time or under the influence of a mind-altering substance, an agreement might be set aside under those circumstances.
Call a Hackensack Marital Agreement Attorney
Even if you and your spouse agree on the terms of a marital document, you should still contact an experienced Hackensack marital agreement lawyer. An accomplished family law attorney is trained to anticipate potential conflict before it becomes an issue. A lawyer will know the laws and how to forge an agreement. They could act as an advocate to ensure that your rights are protected, and the document reflects your best interest in the unfortunate event that your marriage is dissolved. Call now to start drafting your marital agreement today.