What is Included in a New Jersey Prenuptial Agreement
A prenuptial agreement is a contract created between two soon-to-be spouses laying out certain aspects of a potential separation or divorce before it may occur. A prenuptial agreement is not an indicator of how long the marriage will last, but rather a useful tool to protect the assets of each respective partner. What is included in a New Jersey prenuptial agreement is stipulations about the property, alimony, spousal maintenance, and sometimes agreements about children as well. For more information, contact a seasoned prenuptial agreement lawyer.
Effects of a Prenuptial Agreement During a Marriage
A prenuptial agreement could contain stipulations for during the marriage as well. It could include things such as each party shall set aside a certain amount of money per year for the other spouse in the event of a divorce or it can include items that should be done during the marriage.
A prenuptial agreement could alter the rights and responsibilities of a marriage, but the specific effects may vary. As long as the alterations are not unconscionable or unreasonable, it will likely be enforceable. A prenuptial agreement can also designate one partner as a wage-earner or stay at home parent.
Types of Family Law Issues Outlined in a Prenuptial Agreement
Division of Property
The premarital agreement could identify whatever property each spouse has as well as identify the values of the property owned individually or shared. It may also address the distribution of that property in the event of a divorce. It might identify what would continue to be separate property, not shared between the spouses including any income from separate property or assets. A prenuptial agreement could recognize all the properties and assets each party has and how that property would be distributed if the parties were to get divorced.
If one party has more assets or a higher income than the other, spousal maintenance may be required to ensure a continued standard of living in the event of a separation or divorce. There can be further stipulations about when and how spousal support may start after a divorce or a requisite amount of time married to qualify for spousal support.
Parties can contract how they want spousal support to be paid or not to be paid. Often times, couples may include codicils about spousal support regarding children and their maintenance. All concerns about payment after separation are what is included in a New Jersey prenuptial agreement.
Custodial Rights and Visitation
A prenuptial agreement may address custodial rights and visitation. However, agreements pertaining to children may always be subject to change if circumstances are altered in any way. Prenuptial agreements usually do not deal with any unborn children and most agreements that attempt to deal with kids are unenforceable as a result. The best interest and welfare of the children is always going to be the foremost priority.
If the parties had children before they were married, the parties could likely set forth a parenting arrangement. However, if at the time of separation, the agreement does not serve the best interest of the child, the court will not enforce that agreement, favoring the welfare of the child.
A Lawyer Could Help with a Prenuptial Agreement
If you are considering making a prenuptial agreement with your soon-to-be spouse, an experienced lawyer could help you understand what is included in a New Jersey prenuptial agreement. With legal counsel at your side, you may be able to draft a premarital contract that is suitable to both parties, while ensuring that your assets are protected in the event of an unforeseen separation. Call a lawyer today for a consultation and to get started on your prenuptial agreement.