Hudson County Marital Agreements Lawyer
When marriages end in divorce, complex issues could be raised in dissolving the union. Property division, custody of children, and more are decided by courts applying state law.
A couple could take a more proactive approach by creating a marital agreement with help from a Hudson County marital agreement lawyer with expertise in family law. These agreements—which are known as “prenuptial agreements” if signed before marriage and “postnuptial agreements”—set ground rules concerning how all property will be divided when necessary if signed during the marriage.
Consulting a Hudson County marital agreement lawyer about marriage documents could be beneficial whether you are engaged, married, remarrying, or considering separation or divorce. While such agreements may not seem like a romantic idea, the assistance of a well-practiced family attorney could give spouses the comfort and security of knowing that their assets are protected, no matter what happens later.
Why Sign a Marital Agreement?
Marital agreements could allow couples to:
- Define distribution of assets in the event of a divorce, including which assets and debts are to be considered “marital property” in a divorce proceeding
- Protect assets for children from previous marriages
- Preserve ownership of important family property, which could include businesses, homes, and heirlooms
- Set responsibilities during the marriage regarding payments of bills, taxes, and debts
- Establish mechanisms for dispute resolution in the event of future disagreements, such as private mediation or arbitration
Such an agreement is likely to be complicated, and if it is not written carefully a court could find it unenforceable. Given the sensitive and serious nature of marital agreements, it may be a wise move to seek out assistance from a Hudson attorney with specific experience in this area of law.
While some states require a strict 50/50 division of property in a divorce, New Jersey is an “equitable division” state. This means that the marital assets, typically including the marital house, are divided in a way that is determined to be fair—but not necessarily equal—by the courts.
Making Sure the Agreement Could Be Enforced
To be sure that a marital agreement is enforceable, each party should have separate legal representation from a marital agreements lawyer in Hudson County. Courts are generally hesitant to enforce such an agreement unless it is shown that both parties agreed to it without being coerced in any way.
Other reasons why a marital agreement might not be enforceable include the following:
- One party did not receive the appropriate amount of time needed to examine and understand the agreement
- The agreement was based on inaccurate or misleading information about one person’s financial status
- Key information was kept from one party to the agreement
As with other kinds of contracts, courts could decline to enforce marital agreements if it finds them “unconscionable.” As an attorney could explain, certain provisions could be held invalid under this doctrine even if there is considerable disparity in income. This could include giving up one’s right to inherit from a spouse or receive spousal support at all.
Talk to a Hudson County Marital Agreement Attorney
The legal and financial questions raised by marital agreements are often uniquely complicated. Add the emotional issues that arise in any sort of family law matter, and you have the makings of a highly complex situation.
That is why you should consider getting advice from a Hudson County marital agreement lawyer with experience in these cases. A knowledgeable attorney could fight to provide you the representation you deserve.