Union County Prenuptial Agreement Lawyer

Man balk at the idea of discussing divorce before marriage, but prenuptial agreements could allow couples to decide what should happen to their property in the event of death or divorce rather than relying on a judge’s discretion.

Marital agreements are strictly regulated and may significantly impact your rights, so speaking with a family law attorney when drafting an agreement may be prudent. A Union County prenuptial agreement lawyer could explain potential benefits and consequences to help create terms that are right for you.

Reasons for Entering a Prenuptial Agreement

A prenuptial agreement, much like a last will and testament, gives a person some control over how their property is to be handled. Most people think of prenuptial agreements as affecting rights in a divorce, but they can also impact rights during the marriage or if one spouse passes away and the decedent’s will does not include all necessary information.

People enter these agreements for a variety of reasons, including to:

  • Protect assets acquired before a marriage
  • Ensure that children from a previous relationship retain rights to inherit property
  • Safeguard business interests
  • Ensure that property in a divorce is distributed fairly

Without a prenuptial agreement, divorcing couples must rely on state laws and a judge’s discretion. A prenuptial agreement attorney in Union County could create a contract that giving someone control over property regardless of circumstance.

Terms to Include in a Prenuptial Agreement

Under New Jersey Revised Statutes §37:2-34 prenuptial agreements can include nearly any term that is not a violation of public policy. Premarital contracts often contain clauses regarding:

  • Rights to the other’s property
  • Rights to buy, sell, trade, encumber, and otherwise manage property
  • Disposition of property in the event of death, divorce, or other events
  • Spousal or partner support
  • The making of a will and terms regarding life insurance

A couple is usually unable to use a premarital agreement to predetermine child support or custody as public policy requires courts to consider a child’s best interests at the time of a divorce.

Prenuptials agreements are useful but may also have a significant impact on a person’s rights. It is important to speak with an experienced Union County premarital agreement lawyer to fully understand the ramifications of signing.

Requirements for Entering a Prenuptial Agreement

A prenuptial agreement may be entered by a couple contemplating marriage or civil union. The agreement must be in writing and signed by both parties without duress or coercion. Additionally, parties must have full knowledge of finances and obligations, including financial disclosures from the other spouse and have the opportunity to consult with independent legal counsel.

Failing to follow procedures and requirements can mean that a court will not enforce a premarital agreement. A Union County premarital agreement attorney could provide essential advice about creating a marital contract and help avoid unwanted problems years from now.

Get an Experienced Union County Prenuptial Agreement Attorney to Help

Although many people dislike the concept, prenuptial agreements can be useful tools and reduce conflict in the event of a divorce. However, you may benefit from understanding and negotiating the terms of your prenuptial agreement.

Whether it is you or your spouse who suggested drafting a contract before marriage, a Union County prenuptial agreement lawyer could protect your rights. Call today to schedule an initial consultation.

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