What to Know Before You Sign a New Jersey Prenuptial Agreement
When contemplating a prenuptial agreement, you should understand its benefits and limitations. A New Jersey prenuptial agreement is made while the couple is contemplating marriage to be effective when the couple is legally married. This means the protections kick in as soon as the marriage is legalized. You can amend a prenuptial agreement after marriage but only if the agreement is put in writing.
Make It Formal
Always make sure your prenup will be enforceable. It’s 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. Work with an attorney who can help you meet all the requirements.
What Can a Prenup Do?
Prenups protect the assets each spouse brings into the marriage and provides guidance for resolving disputes over said assets during the marriage or upon divorce. But they can provide other protections as well. In your prenup, you can also address such issues as:
- Spousal support (i.e. alimony)
- How to divide your assets upon divorce
- Rights to property acquired before and during the marriage
- Directives for estate planning documents (e.g. a will)
- Any other agreements you wish to enter into
Prenups can affect divorce settlements and certain estate planning documents. Prenups do not, however, affect the right to child support if you separate from or divorce your spouse.
Why More Couples Are Opting for Prenuptial Agreements
Many people mistakenly overlook the importance of a New Jersey prenuptial agreement. Today, prenuptial agreements can provide robust protections for your assets and your interests. In 1988, New Jersey passed the Uniform Premarital Agreement Act (the Act). The Act essentially provides states guidance when enforcing prenups. Born from a growing need to protect the rights of both spouses, the Act ensures prenuptial agreements are uniformly enforced (in the vast majority of states). With more and more marriages involving two working, asset-earning spouses, the need for this type of protection is greater than ever.
Are Prenups Worth It?
Today, a New Jersey prenuptial agreement is necessary to ensure both spouses avoid the common issues that arise during a marriage and in divorce. It can provide valuable protection. Thus, it’s essential to consider the above tips and speak with an experienced New Jersey matrimonial lawyer before entering into a prenuptial agreement. Taking this step today can save you conflict down the road. A good lawyer can help you draft a prenuptial agreement that adequately protects you and your interests going into marriage.
If you need prenuptial agreement guidance in New Jersey, the Williams Law Group, LLC is here to help. The experienced matrimonial attorneys at Williams Law Group, LLC can help you draft a legally enforceable prenuptial agreement. Located in Short Hills, New Jersey, Williams Law Group, LLC provides compassionate and dedicated legal services to Union, Bergen, Essex, Hudson, Morris, Monmouth, and Middlesex counties, and the surrounding areas. Our knowledgeable attorneys handle divorce and family law, child custody, and child abuse/neglect cases. Call our office at (908) 810-1083, email us at [email protected], or contact us through our confidential online form to schedule a consultation and ultimately get you connected with an experienced New Jersey divorce and child custody attorney.