Most Prenuptial Agreements can have a negative stigma. But in today’s world with blended and unique family circumstances, Prenuptial Agreements not only protect your assets, they can also protect your family in the event of a divorce. Prenuptial Agreements encourage couples to talk about their individual aspirations and future goals.
A Prenuptial Agreement is added protection in the event of a divorce. Think of a Prenuptial Agreement similar to a Will. If you die without a Will, your property will be distributed in accordance with the New Jersey statutes. Therefore, the government – not you – will determine how your property will be divided upon your death. A Prenuptial Agreement is a commitment that you and your partner make to determine how you both will divide your assets in the event of a divorce. You are making a commitment to take control of your financial future and take the decision making away from the court. You have the ability to pre-determine your financial security.
To be valid in New Jersey, a prenuptial agreement must be:
- In writing
- Executed voluntarily
- Not too one-sided, or unconscionable
- There must be full financial disclosure
- Both parties must have adequate time to review the agreement
- Both parties must have an adequate opportunity to consult with counsel of their own choosing
A prenup is especially important for those marrying for a second or third time, in order to safeguard your assets.
Every case is unique. It is important to speak with a New Jersey family law attorney experienced in prenuptial agreements who can provide guidance as to your individual case.