West Caldwell Prenuptial Agreement Lawyer

If you are engaged to be married to someone, it may seem like awkward or counterproductive to go through legally enforceable plans in the event of a divorce. Forming a prenuptial agreement, or “prenup,” can be crucial to ensuring various legal issues which may arise during a divorce do not negatively affect your relationship with your soon-to-be spouse.

Drafting a contract of this nature is not something you should try to do without first seeking a skilled marriage contract attorney’s representation. This is even the case if you and your spouse broadly agree on how to approach the matters in your prenup. By working with our West Caldwell prenuptial agreement lawyers, you can more effectively protect your own rights and resolve possible conflicts long before they have a chance to disrupt your marriage, while ensuring any broad agreement you and your spouse agree upon is legally enforceable

Basic Rules for Creating Prenups

Like most other states, New Jersey follows the model set by the Uniform Premarital Agreement Act of 1988, by establishing their own rules for prenuptial contracts. Under these rules, a prenuptial contract is not considered legally enforceable unless it is in written form, is signed by both parties, and includes a complete and detailed statement of assets. Any future amendment or revocation of a valid prenup must likewise be approved in writing and signed by both spouses.

Furthermore, as a seasoned attorney could explain, a premarital agreement in West Caldwell will be considered invalid if either party executed the arrangement involuntarily, or if either spouse:

• Did not receive a complete and honest disclosure of the other spouse’s assets and financial obligations
• Failed to clearly and voluntarily waive in writing their right to demand disclosure of other assets and obligations not disclosed by their spouse
• Lacked adequate knowledge of their spouse’s assets or obligations
• Failed to consult with legal counsel, or failed to clearly and voluntarily waive the opportunity to do so

An “unconscionable” agreement is one which would leave one party dependent on public assistance.

What Can a Premarital Agreement Cover?

In New Jersey, a premarital agreement can address various matters related to:

• Marital and personal property of both signing parties
• Rights and obligations
• Liability for certain debts
• Property and asset division

Prenups can also establish what obligations either party has in terms of spousal support, as well as what particular laws would govern how the arrangement is designed and interpreted.

Importantly, prenups cannot determine in advance how any matters related to child custody or child support would be resolved. A prenuptial contract attorney in West Caldwell will provide more specific guidance about what a particular couple could or should include in a prospective arrangement.

Reach Out to a West Caldwell Prenuptial Agreement Attorney

Despite their reputation in popular culture as a sign that a relationship will inevitably fail one day, a prenup can actually strengthen your marriage if drafted and enforced carefully. However, creating a legally valid and equitable prenup can be very difficult to accomplish without professional guidance, even if you are broadly familiar with New Jersey divorce law.

Our West Caldwell prenuptial agreement lawyer’s assistance can prove vital to protecting your best interests both now and years into the future. Schedule your initial consultation by calling our office today.