How to Get a Prenuptial Agreement in New Jersey
As soon as the couple knows that they are going to get married, they could start to discuss the prenup. If one party proposed to the other and they share a wedding date, they should immediately start discussing the possibility and terms of drafting a prenup. Many people are unaware of how to get a prenuptial agreement in New Jersey, but a dedicated marital agreements lawyer could help you draft a contract that protects your property rights in the unfortunate event of a divorce.
Initial Steps for Getting a Prenup
The first thing someone should do is contact an attorney. A prenuptial agreement only works if it is legally valid, and that may require the knowledge of an experienced marital agreements lawyer.
Each party must have their own attorney, so the couple cannot use one attorney who represents them both. One party must go to another attorney and discuss the types of assets that they have and wish to protect. Sometimes, if a spouse knows that they will be inheriting substantial funds, they may need to take extra caution in identifying personal property, also known as non-marital assets. A prenup is intended to govern in the event of a divorce, so it is essential to gather all tax returns. Additionally, businesses and property may need to be evaluated by an expert to determine their worth.
The key to an enforceable prenup is total disclosure and negotiating an agreement without any duress. What property should be divided and what should be kept separate must be addressed. All of this is part of how to get a prenuptial agreement in New Jersey.
Prenup Drafting Process in New Jersey
Even if someone is waiving their financial interest in someone’s assets or even if someone intends to share premarital assets, the most important thing is to identify everything and to provide proof of values and the existence of assets so that they could be identified. One important thing to remember is that it is really important not to wait until the last minute to do a prenup. Ideally, couples will begin preparing their prenup at least a year in advance, and six months at an absolute minimum. There must be time for disclosure, drafting, negotiation, and time to reflect and so it before the marriage.
Depending on the factors in each case, how long it takes to get a prenuptial agreement in New Jersey could vary. When there are significant assets to value, a business, or real estate holdings, it may take longer to prepare. The length of the drafting process also depends on how quickly a spouse gets the information back to their attorney.
Sometimes, in dividing certain assets, there could be tax ramifications. When this is the case, soon-to-be spouses must take extra care to ensure that the terms of a prenuptial contract are in their best interests.
An Attorney is Essential to a Good Prenuptial Agreement
An experienced matrimonial attorney is going to know how to frame the prenup so that if your marriage unfortunately ends in divorce, that it would be enforceable so that a judge would not set it aside.
If there is coercion, duress, or someone is forced to enter it, that’s another thing that could cause a judge to set prenup aside. Call today to learn about how to get a prenuptial agreement in New Jersey and start drafting your pre-marital contract.