New Jersey Marital Agreements Lawyer
Legal agreements between individuals often take the form of contracts. While people do not always readily associate marriage with contracts, they could play an important role in a couple’s marriage at many different stages. When contracts are incorporated into a marriage, they are often referred to as marital agreements.
If you are facing circumstances in your marriage that require legal oversight or would like to formally establish certain aspects of your marriage with your spouse, a New Jersey marital agreements lawyer could be an important and knowledgeable part of exploring your options. Reach out to a well-practiced attorney to learn your rights and legal options.
Prenuptial agreements, also known as premarital agreements, are one of the most common reasons for entering into a marital agreement. While there are very strict requirements a prenuptial agreement must meet in order to be valid and enforceable, they could affect and influence important decisions at all stages of a marriage.
Subject to most of the same terms as a prenuptial agreement, postnuptial agreements are entered into after a marriage has begun. They might be created if two spouses are contemplating divorce, or if they just want to agree on certain aspects of their marital rights and property in writing. While New Jersey does not specifically recognize legal separation, these agreements could be helpful in determining similar arrangements. Individuals are recommended to review any marital agreement documents with an adept New Jersey attorney before signing them.
In addition to matters related to divorce, marital agreements might also be used to protect assets inherited or otherwise acquired after a marriage has taken place. In this capacity, they could be an important factor in protecting and preserving assets for legal inheritances, notably in cases of remarriage.
In certain cases, a marital agreement may even be created to establish terms related to marriage. It is not currently uncommon for couples to face significant obstacles when it comes to finances and even substance abuse. In the interest of addressing these issues, a marital agreement could help set clear expectations for both partners and the marriage as it progresses. This may be an important step in preventing divorce when times are notably difficult.
While marital agreements can certainly play an important role in a marriage, they cannot be used to circumvent the law. Simply put, a marital agreement cannot be used to deviate from any legal obligations within the course of a marriage and/or divorce.
As an example, a marital agreement cannot require an individual to perform illegal acts. These agreements also cannot relieve a spouse from child support obligations, though they can be used to determine spousal support obligations under the right circumstances. An experienced New Jersey marital agreements lawyer could furthermore explain the possible positives of marital agreements and as their drawbacks.
Some marital agreements are more complex than others. While the level of complexity depends on your individual circumstances, no matter how challenging a marital agreement can be to negotiate, there is often a great deal riding on these agreements both in the present and in the future.
Working with an experienced New Jersey marital agreements lawyer may help you understand your options when it comes to marital agreements and could be an important part of ensuring that your agreement is enforceable should the need to use it ever arise. To find out more about the role such agreements could play, call a dedicated local attorney today to see what your options may be.