New Jersey Marital Agreement Lawyer
Our law firm can help with your postnuptial or prenuptial agreement
It is unlikely that many people think about signing contracts before or during a marriage. However, marital contracts can be an important tool used to protect your property and assets in the event of divorce.
Our New Jersey marital agreements lawyers at Williams Law Group, LLC understand the potential challenges that may arise when drafting these contracts and can advise you throughout this process. More importantly, our dedicated family law attorneys can help you safeguard your rights and your family’s future.
– Eduardo G.
What is a marital agreement?
A martial agreement is a legal document that a couple creates and signs either before or after getting married. In general, marital agreements are narrowly focused on how a couple’s assets should be divided in the event of the couple separating or getting divorced.
What are common marital agreements?
As briefly explained above, there are two common types of martial agreement:
- Prenuptial Agreements (legal document signed before a couple gets married)
- Postnuptial Agreements (legal document signed after a couple gets married)
You can learn more below about both types of marital agreements.
Requirements for Marital Contracts in New Jersey
The basic principles of contract law apply to marital agreements. This means that the contract must be in writing, notarized, and witnessed. If one party proves there was coercion, or they signed under duress, a court can void the agreement. Couples cannot agree to any illegal act, and they may not contract away a child’s right to financial support, as that right is the child’s alone.
A New Jersey marital agreement attorney understands these standards and can help create a legally binding and valid marital agreement. Additionally, if a spouse believes a contract is unfair, one of our attorneys can assist in gathering the proof necessary to challenge the agreement’s validity in court.
Speak with a New Jersey Marital Agreement Attorney
If you need help preparing a contract before or after you get married, you should reach out to one of our experienced New Jersey marital agreements lawyers. Our legal team can work with you to come up with a document that is fair, legally valid, and covers all issues that may arise in the event of divorce.
For more information about how our attorneys could help you, simply contact us and schedule a consultation at our law firm. We have two New Jersey office locations conveniently located in Short Hills and Parsippany.
Prenuptial Agreements
A prenuptial agreement is a legally binding contract made while a couple is contemplating marriage and goes into effect when a couple becomes legally married. Sometimes referred to as a “prenup,” you can amend a prenuptial agreement after marriage, but only if the agreement is put in writing.
When contemplating a prenup, you should understand its benefits and limitations. One of our New Jersey prenuptial agreement lawyers can explain the process and help you protect your rights and your family’s future.
What Constitutes a Valid Prenuptial Contract?
Whenever a couple enters into a premarital contract, they should make sure their prenup will be enforceable. Therefore, it is best to work with an attorney when drafting a prenuptial agreement. Too many people sign prenups without having an attorney review it, assuming it will protect them. In reality, there are many requirements to ensure a prenup is legally enforceable. A New Jersey attorney familiar with prenuptial agreements can explain the fundamental contract law that supports these arrangements.
According to New Jersey state law, a valid prenup must be in writing, signed by both parties, and notarized. Additionally, the contract must have a statement attached that discloses all assets and liabilities of both parties. This is critical because nondisclosure could be grounds for invalidating an agreement. If one or both parties do not have a lawyer, there must be a statement establishing that they freely waived their right to attorney review.
Terms in a Prenup Agreement
Prenups protect the assets each spouse brings into the marriage and provide guidance for resolving disputes over property during the marriage or upon divorce. However, these agreements could provide other protections as well. In your prenup, you can also address such issues as:
- Spousal support.
- How to divide assets upon divorce.
- Rights to property acquired before and during the marriage.
- Directives for estate planning documents, such as a will.
- Any other agreements you wish to enter into.
Prenups may affect divorce settlements and certain estate planning documents. However, these contracts cannot affect the right to child support. If one spouse brings substantial assets to a marriage, an attorney at our New Jersey law firm can help you understand your potential prenuptial agreement and can counsel you about the protection or distribution of assets.
Challenging a Prenuptial Agreement
It may be essential to consult one of our prenuptial contract attorneys because a court can invalidate the agreement on specific grounds. A prenup agreement may become invalid if, for instance, a party proves by clear and convincing evidence that they signed under coercion or distress.
The same is true if there was not a complete disclosure of all assets, or if the agreement is so unreasonable that it is considered unconscionable. A judge in a New Jersey court may find a prenup unconscionable if it renders one party without reasonable support and in need of public assistance, or if they will be left well below their standard of living before marriage.
Advantages Of Premarital Agreements
Many people mistakenly overlook the importance of a prenuptial contract. Today, prenuptial agreements can provide robust protections for someone’s assets and interests. In 1988, New Jersey passed the Uniform Premarital Agreement Act. The Act essentially provides guidance when enforcing prenups.
Born from a growing need to protect the rights of both spouses, the Act ensures these agreements are uniformly enforced in the vast majority of states. With more marriages involving two working, asset-earning spouses, the need for this type of protection is greater than ever. While any couple can have a prenup, it can be especially important for individuals with high net worth and those who have assets and children from another marriage.
Postnuptial Agreements
Many life-changing events can arise over the years. Therefore, once a couple gets married, they should consider entering into a postnuptial agreement. Sometimes referred to as a “postnup,” this agreement is a contract that is entered into after the parties are married which can be executed for a variety of reasons, including financial changes in the marriage.
These agreements could be valuable in the event of divorce. One of our caring New Jersey postnuptial agreements lawyers can provide insight and counsel about these arrangements, which can help protect your assets and family during or after your marriage. Additionally, our marital agreement attorneys can assist you in drafting a fair and legally binding contract that supports your family’s needs.
Determining the Enforceability of a Postmarital Agreement in New Jersey
State law requires that all postnups meet specific legal standards to be enforceable. These standards apply to the Matrimonial Settlement Agreement (MSA), which is the contract incorporated into a final judgment of divorce. A valid postnuptial agreement must have the following elements:
- It must be in writing, signed by both parties, and notarized.
- There can be no coercion or duress in the execution of the agreement.
- There must be full disclosure of all assets and liabilities before signing.
- Both parties must have legal counsel or a valid waiver of attorney review.
Additionally, parties cannot agree to deprive a child of their right to financial support or consent to engage in unlawful or fraudulent acts. Any deviation from these standards makes a contract potentially invalid. Because these requirements for postnuptial agreements can be confusing and overwhelming, a person should consult our New Jersey lawyers if they want to prepare one of these contracts.
Terms of Postnuptial Agreements
Postnuptial agreements address the many issues a couple may face if they decide to dissolve their marriage. These issues include spousal support, the division of assets, and responsibilities for debts or other various payments, such as utilities and insurance.
For various reasons, spouses may want to draw up a written contract about the control and disposition of assets. For example, spouses may have the good fortune of accumulating wealth during a marriage. In these cases, a couple should determine who may receive which assets in the case of dissolution of the marriage, as this could become a significant point of contention if not discussed beforehand.
When a couple has children, a New Jersey lawyer can offer guidance about custody and child support issues in a postnuptial agreement, as a court has the final say when it comes to these matters if there is no agreement between the parties.
In general, when parties divorce, the court may accept the MSA as part of the final judgment, meaning that these agreements have the force and effect of a court order. Since this is a contract that controls crucial matters such as the disposition of assets, one of our dedicated attorneys can provide advocacy in this process.