Hudson County Prenuptial Agreement Lawyer

Prenuptial agreements are not just for the rich and famous. If you wish to ensure that any issues related to the potential end of your marriage are resolved in accordance with your own wishes, a prenuptial agreement is an asset well worth considering—as is legal advice from a Hudson County prenuptial agreement lawyer.

A prenuptial agreement establishes the property and financial rights of each spouse in the event of a divorce. As an adept marital agreement attorney could explain, these agreements are not solely used to protect the assets of wealthy spouses. They also may protect family businesses and serve other important functions.

What a Prenuptial Agreement Could Do

Individuals may have a wide range of reasons for creating a prenuptial agreement. Such an agreement could ensure that the children from previous relationships inherit certain property, define whether an asset is the separate property of one spouse or part of the marital estate, set financial rules during the marriage, and help couples make financial decisions like whether to open joint accounts.

With a Hudson County attorney’s help, prenuptial agreements could also specify that future income from a business or any additional assets accrued through inheritance are not to be shared with your spouse if the marriage ends. As such, these agreements are often particularly helpful for couples coming into a new marriage with children from a previous marriage, as well as for older couples.

Ensuring Enforceability

To ensure that an agreement will be enforced in Hudson County, it is advisable for each party to be represented by separate prenuptial agreement attorneys. Judges in Hudson County are usually reluctant to enforce such an agreement unless it can be shown that both parties went into it with full information and without any sort of coercion.

There are several other reasons why a prenuptial agreement might not be found to be valid. As a Hudson County prenuptial agreement lawyer could explain, such a finding could be made if:

  • One party was not given sufficient time to read the agreement and grasp all of its implications
  • It was based on false information about one party’s income, assets, or liabilities
  • Essential information was omitted by one or both parties

As with other contracts, a court may decline to enforce a marital agreement if it finds the agreement “unconscionable.” Certain 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.

How a Hudson County Prenuptial Agreement Attorney Could Help

Prenuptial agreements are largely the same as postnuptial ones in terms of their capacity to lay out which assets will remain individual property and which will be shared. It must be noted, however, that some courts have been less willing to enforce postnuptial agreements, so it is often better to deal with these issues before the marriage, if possible.

In most cases, the legal and financial questions raised by any kind of marital agreements are complicated. Consequently, it is important to get advice from a Hudson County prenuptial agreement lawyer who has experience in these kinds of cases and could work to ensure that any prenuptial agreement signed by the parties will be found valid by the courts. Call today to set up an initial consultation.

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