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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 Short Hills marital agreements lawyers understand the potential challenges that may arise when drafting these contracts and could advise you throughout this process. More importantly, our dedicated family attorneys could help you safeguard your rights and your family’s future.
No one knows what life together may bring, and it is impossible to imagine what challenges a couple may face. A prenuptial agreement can settle significant financial concerns before a couple gets married. While it may be uncomfortable to approach this subject, a “prenup” can provide a certain sense of security.
For instance, if one individual brings wealth to the marriage, they may want a prenuptial agreement to protect their assets in the event of divorce. Additionally, an individual may be an entrepreneur and start marriage with a business idea that creates great wealth. The potential for distribution of this wealth in case of divorce is one of the financial transactions a Short Hills attorney could help someone address in a marital contract.
Many circumstances that arise during the marriage may merit a couple entering into a postnuptial agreement. Couples may accumulate wealth during the marriage and decide to create a written document about these assets while they are still married. Couples can also settle affairs around custody, property, and assets in a postnuptial contract.
If a couple separates or decides to dissolve their marriage, a Matrimonial Settlement Agreement will be the legally binding document incorporated into the final judgment of divorce. This agreement may cover all the areas relevant to the parties’ future, including spousal support and division of assets and debts. These documents will dictate financial and family affairs for many years after the divorce has been finalized.
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 Short Hills attorney understands these standards and could help create a legally binding and valid marital agreement. Additionally, if a spouse believes a contract is unfair, one of our attorneys could assist in gathering proof necessary to challenge the agreement’s validity in court.
If you need help preparing a contract before or after you get married, you should reach out to one of our experienced Short Hills marital agreements lawyers. Our team could 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, schedule an initial consultation.