Role of a New Jersey Attorney in a Prenuptial Agreement
A prenuptial contract is a marital agreement outlining the division of property and terms of potential separation or divorce before marriage. The role of a New Jersey attorney in a prenuptial agreement depends on your needs but it includes drafting the document, ensuring it is enforceable, and representing your best interests in negotiations. To learn more about how a legal professional could help you, contact a seasoned prenuptial agreement attorney.
How a Lawyer Could Help in Preparing a Prenuptial Agreement
A lawyer is usually the person who will draft a prenuptial agreement. It will then go back and forth between that attorney and the party they represent until that party is satisfied with the agreement written. After that, the parties involved will sign the document and it becomes binding.
A lawyer’s primary concern when drafting a prenuptial agreement is to protect the rights of the party that hired them, and that their best interest is looked after in the drafted agreement. An attorney could then ensure that the document itself is properly drafted, meaning that it is enforceable by the court, does not violate and public policies, and that the rights and responsibilities of each party are clearly laid out. The role of a New Jersey attorney in a prenuptial agreement is to act as counsel, advising on what will be best for the party they represent and what is legally acceptable.
It is essential to have a lawyer review a prenuptial agreement before it is signed. They may be able to highlight any clauses that may become issues in the future or obligations that may be unconscionable. A lawyer with experience in divorce law could contextualize prenuptial contract clauses in a divorce setting so the party they represent can be prepared as well as possible for that potential outcome.
An Attorney’s Role in Enforcing a Prenuptial Agreement
The courts do the actual enforcing of prenuptial agreements or any marital agreement. It is a lawyer’s duty to notify the courts of a prenuptial contract and furnish the court with a copy of that agreement. Prenuptial agreements are presumed to be enforceable until one party challenges it.
After a challenge, there is a hearing of testimony about the circumstances of the contract. Marital agreements, including prenuptial contracts, must be entered freely, without coercion, and there must be full disclosure of all assets and circumstances. A seasoned family attorney could help ensure that the party they represent receives full disclosure before signing the contract, or they could argue the document should be voided if the disclosure was incomplete or it was unfair.
Property Distribution and Spousal Support in New Jersey
Another role of a New Jersey attorney in a prenuptial agreement is in creating favorable property distribution guidelines in the event of a separation or divorce. The attorney will advise their party about what is acceptable and fair in such an agreement. It is essential to create a property distribution plan that is clear, enforceable, and acceptable to all parties.
Like property distribution, spousal support can be laid out by an individual’s attorney. Situations change, and so might alimony structures, but a lawyer may be able to give an individual an idea of what their spousal support might look like in the case of a divorce.
Call a Lawyer To Draft Your Prenuptial Agreement
The role of a New Jersey attorney in a prenuptial agreement is to serve as counsel to you. A lawyer could help you understand what to include in your contract to ensure that it is fair, enforceable, and in your best interest. Call a local attorney today to learn more about your options when drafting marital agreements.