Monmouth County Prenuptial Agreements Lawyer
Two individuals may choose to sign a prenuptial agreement before their wedding to protect their property and strengthen their marriage due to the security these agreements provide if the unexpected happens. These agreements lay out terms in advance that are intended to prevent the possibility of a contested divorce in court.
It is a widespread belief that prenuptial contracts are only for wealthy people, but these agreements can provide a strong foundation for anyone who is getting married. A seasoned Monmouth County prenuptial agreements lawyer can listen to your needs and goals to ensure you are creating or signing an agreement you feel confident in. A marital agreements attorney at Moskowitz Law Group is here to help.
What Is Included in a Prenuptial Agreement?
Prenuptial agreements can be helpful for many reasons, including protecting assets and property one person owns before their marriage. These contracts can address a range of topics, including each person’s rights and obligations regarding jointly and separately owned property. The terms of a prenuptial agreement may establish responsibility for loans and debts as well as provisions for health and life insurance coverage. A prenuptial agreement can also govern how new spouses will conduct themselves financially during their marriage.
Prenuptial agreements can be essential for a new spouse who owns or is involved with a family business. This agreement can establish the division of business assets and ensure the business is protected in the event of a divorce. A Monmouth County attorney can help draft a prenuptial agreement that addresses all essential areas to protect an individual’s rights and interests.
The Limitations of Premarital Agreements
Prenuptial agreements cannot cover child custody or child support. These are not terms that can be negotiated, as a family court judge or a couple entering into a marital settlement agreement makes those decisions based on a children’s best interests during divorce proceedings. The judge or couple cannot determine what is in children’s best interests in advance.
Legal Requirements for a Prenuptial Agreement
State law establishes the requirements for prenuptial agreements, and failing to meet these requirements could mean the family court refuses to enforce the agreement. If the couple divorces and the court deems an agreement unenforceable, this means essential decisions about their lives will be left in the hands of a judge, or, the couple will have to come up with an entirely new agreement to settle their divorce.
According to the New Jersey Statutes Annotated § 37:2-34, prenuptial agreements must be in writing, signed by both parties, and include a statement of assets and property. Both spouses must have access to legal counsel to negotiate and finalize a fair agreement. While legal counsel is not mandatory, it is very strongly encouraged because having adequate guidance can help with creating a fair agreement that meets all legal guidelines. Additionally, a spouse who enters into a prenuptial agreement could claim in court that they did not understand what they were agreeing to try and get the agreement declared invalidated by the court.
Prenuptial agreements are not an opportunity to work around legal statutes for dividing property. The family court will not enforce prenuptial agreements enforcing illegal terms or conditions. Rather, the court will ensure an agreement is fair and protects the interests of both parties and is not overly one-sided. A dedicated family lawyer understands the applicable statutes and can answer questions about the requirements for prenuptial agreements in Monmouth County.
Speak With an Experienced Prenuptial Agreements Attorney in Monmouth County
People use prenuptial agreements to set up safeguards before entering a marriage. These agreements can establish guidelines for handling some of the most contentious areas of a divorce, including the division of assets and debt. However, an agreement must comply with state laws, or a court may rule it is invalid at the time of divorce.
A knowledgeable Monmouth County prenuptial agreements lawyer can review your options and help draft an agreement that provides a strong foundation for your marriage. If you and your partner are considering getting a prenup or have any questions, schedule a consultation with a family law attorney at Moskowitz Law Group today.