Impact of a Prenuptial Agreement on a New Jersey Contested Divorce
Prenuptial agreements can significantly impact divorce proceedings. In a contested divorce where the parties go to trial, the existence of a valid prenup can help limit the number of issues that need to be covered in court.
If you are going through a litigated divorce and are unsure how your prenup comes into play, reach out to a skilled divorce lawyer. An attorney at Moskowitz Law Group can explain the impact of a prenuptial agreement on a New Jersey contested divorce in more detail.
Issues that a Prenup Can Help with During a Litigated Divorce
When parties have a prenuptial agreement in place, this contract should govern the terms of the divorce, depending on how inclusive it is and assuming that it is a valid agreement. A prenup can considerably cut down on the issues that need to be addressed in a contested divorce, since certain issues are already set forth in the agreement. However, this does not necessarily mean that all issues are covered in a prenup.
While prenups may address all the financial issues of a divorce, by law cannot cover issues pertaining to children. Child custody, visitation, and similar matters will often be contested during litigation. A New Jersey attorney experienced in contested divorce cases can help a parent work through the issues that are not covered in a prenup.
Challenges that Arise During a Contested Divorce with a Prenup
Issues can arise in a contested divorce if one party does not wish to adhere to the conditions laid out in a prenuptial agreement or claims that it is not valid. This person would have to bring the issue of the prenup up to the court to challenge its enforceability.
If a court finds that the prenup is enforceable, then the parties are bound by its terms. This can resolve a lot of issues in a contested divorce. Alternatively, if the court finds that an entire prenup is not valid, then all the issues in the divorce are consequently up for resolution. The validity of a prenup can really set the landscape for a contested divorce in New Jersey, so it is crucial to work with a family law attorney during this time to ensure that all factors are accounted for.
How a Lawyer Can Help
The first thing that an attorney will do is identify the issues in a contested divorce and gather information accordingly. For example, if there are custody issues, an attorney will consult with an individual to get information on the children, the arrangements at home, everyone’s availability, and any special needs of the children. If equitable distribution is an issue, a lawyer will need to identify all of the assets and debts.
Once an attorney has identified all issues and reviewed the prenup, they will discuss and identify the negotiations regarding the prenup and the ramifications of what is included in the agreement. This can help an attorney determine whether that prenup is an enforceable document. Fraud, duress, and a number of other factors could make a prenuptial agreement unenforceable. If an attorney believes that the prenup is not valid, they will take action immediately with the court to challenge it.
Discuss the Impact of a Prenuptial Agreement on an Uncontested Divorce with a New Jersey Family Attorney
Assessing the validity of a prenup is one of the most important steps in a litigated divorce. While valid prenuptial agreements can smoothen the contested divorce process, an unenforceable agreement can make for a drawn-out trial. Fortunately, a family law attorney can guide you through this process and ensure that you understand the impact of a prenuptial agreement on a New Jersey contested divorce. Schedule a free consultation today to learn more.