Morris County Prenuptial Agreement Lawyer
Talking about divorce before your wedding might be difficult, but prenuptial agreements offer many benefits should the unexpected happen. A family law attorney may be able to explain the benefits and potential consequences of these agreements.
Without a prenuptial agreement, courts and state statutes will dictate what happens to property in the event of a divorce. In court, couples may end up fighting over assets incurring great expense and often animosity. A Morris County prenuptial agreement lawyer could help you negotiate terms to protect your rights and provide stability for your future.
How to Create a Prenuptial Agreement
Any couple may enter a prenuptial agreement ahead of a marriage or a civil union. These agreements are referred to as premarital agreements under the law. According to New Jersey Revised Statutes §37:2-33, agreements must be in writing, signed by both parties, and meet the requirements to be enforceable.
Financial Disclosure Requirements
A premarital agreement must have a statement of each party’s assets attached to it. These agreements are only enforceable if each party signs voluntarily after full disclosures of all:
- Income and earnings
- Debts and financial obligations
In some cases, a couple could waive this requirement in writing but it may not be advisable. A Morris County prenuptial agreement attorney could help make sure all requirements are met and decisions are made in their party’s best interest.
The Right to Independent Legal Counsel
Parties must also have an opportunity to speak with independent legal counsel by law. Each person must have the chance to speak to their own attorney or formally waive their right to independent counsel.
Failing to follow legal requirements for pre-marriage contracts could mean that the courts will not enforce the contract. A premarital agreement attorney in Morris County could help someone create a strong agreement about how to divide assets that a judge will enforce if necessary.
When Someone Changes Their Mind About an Agreement
Sometimes a party changes their mind about an agreement after signing it. If both spouses consent, then the prenuptial agreement can be revoked or amended. Amendments and revocations must be signed and in writing, following many of the same guidelines for the original contract.
In some cases, it is not until a divorce is imminent that one spouse speaks up about a premarital agreement they feel is unfair. To stop the enforcement of a prenuptial agreement, the opposing spouse must prove to the court that:
- The agreement was involuntary or made under duress or with coercion
- The agreement was unconscionable due to inadequate knowledge of the other party’s finances
- The person did not have the chance to meet with independent legal counsel before signing the agreement and did not waive their right to meet with counsel
Disputes over premarital contracts may be combative but a Morris County prenuptial agreement lawyer could stand by one party’s side as an ally and advocate.
Call a Morris County Prenuptial Agreement Attorney for Protection
Premarital agreements might help a couple avoid the consequences of vague or unpredictable laws in the event of a divorce. These agreements could also outline how a couple will handle property during the marriage. Deciding the terms that apply to your assets may reduce conflict in your marriage and give you control over your future.
A Morris County prenuptial agreement lawyer could help you protect your future. Call today for a consultation and to start drafting your marital contract.