New Jersey Prenuptial Agreements Lawyer
Many people have heard of prenuptial agreements, but they may not think that such agreements have a role in their marriage. For a long time, prenuptial agreements were a tool primarily used to protect wealthy families. Today, however, these agreements can play an important role in a variety of circumstances.
Prenuptial agreements can be an important part of protecting assets, but they can also work to protect the rights of each spouse. While the idea of a prenuptial agreement can be difficult to discuss, understanding some of the basics of these agreements may make them more approachable. If you are considering establishing a prenuptial agreement in your marriage, a New Jersey prenuptial agreements lawyer could help you determine the right approach to forming a valid agreement, as well as the role it may play in your marriage.
While every marital agreement is unique and dependent upon individual circumstances, all prenuptial agreements have the same basic requirements. If a prenuptial agreement fails to comply with these requirements, a court may deem it invalid and unenforceable in part or as a whole.
As denoted in New Jersey Statutes §37-2-34, all prenuptial agreements in New Jersey must be in writing. Furthermore, each individual party must have access to their own independent legal counsel in negotiating and finalizing a prenuptial agreement. The latter requirement can possibly help avoid challenges to a prenuptial agreement based on duress.
Prenuptial agreements cannot be used to enforce illegal terms or conditions. Additionally, prenuptial agreements must be fair and reasonable, which means they cannot be designed in a way that significantly disadvantages one party to the benefit of another. Once again, assistance from a NJ prenuptial agreements attorney could help ensure that neither party is taken advantage of.
Learn more about prenuptial agreements during a free consultation with our firm. Call our Hackensack family law attorneys at (201) 419-6223!
Many people know prenuptial agreements as a way to protect assets. While prenuptial agreements can certainly be effective in accomplishing this, they can also be used for other purposes.
Some other common functions of New Jersey prenuptial agreements include:
- Determining the choice of law that will govern the agreement
- Defining terms related to any potential spousal support obligations
- Creating an important framework for estate planning purposes
- Division of property
It is important to remember that prenuptial agreements cannot be used to deviate from the state’s child support obligations. There are also additional restrictions placed on how various factors can be addressed in a prenuptial agreement. An experienced prenuptial agreements lawyer in New Jersey could further explain these restrictions and how they may apply to individual agreements.
When it comes to a prenuptial agreement, there is typically a great deal at stake. That is just one reason why it may be important to work with an experienced attorney in drafting, reviewing, and finalizing your prenuptial agreement. Even with these agreements in place, you have important rights and considerations that must be taken into account as well. A detail-oriented, dynamic approach to prenuptial agreements can be an effective way to understand your rights and advocate for them.
If you are considering a prenuptial agreement or have questions about whether such an agreement might be right for you, contact a dedicated New Jersey prenuptial agreements lawyer to see what options may be available to you.