A prenup can protect you in the event of a divorce, but only if it complies with the law
Marriage represents many things: a commitment to another person, an announcement to the world, and a hope for a life together. But it’s also a legal institution subject to many rules, including laws that determine how your money and property will be divided if your marriage ends in divorce.
A valid prenuptial agreement (prenup), however, puts you back in control, allowing you to determine how many aspects of your divorce would be handled. However, you can’t address every aspect of a potential divorce in a prenup. Here’s what you can and can’t include.
New Jersey law determines what can be included in a premarital agreement
The New Jersey Prenuptial Agreement and Pre-Civil Union Agreement Act sets a specific list of matters that can be included in a prenuptial agreement. Most of those matters concern property: who owns it, who can buy, sell, or transfer it, who can manage and control it, and so on. This is one reason why prenuptial agreements are so important for people who own significant property going into a marriage, whether that’s a business, real estate, financial securities, or any other valuable property.
Your prenuptial agreement can specify how your property will be divided in the event of a divorce. It can also specify or waive spousal support in the event of a divorce. And it can include various more technical and legal provisions, such as deciding which state’s law will apply to the interpretation of the agreement or setting up a will or trust to carry out the provisions of the agreement.
Notably, although you can include some provisions relating to children from previous relationships, you cannot determine child custody or child support for children born during your marriage in a prenuptial agreement. The court decides those matters based on the best interests of the child, and you can’t bargain away your child’s rights.
Take the right steps to protect your future interests
A prenuptial agreement that isn’t legally enforceable provides you with no protection at all. To have a legally valid prenuptial agreement, you need to take certain steps, including:
- Fully disclose all of your assets to your future spouse
- Ensure that both spouses have sufficient time to consider all the terms of the agreement prior to the marriage
- Enter into the prenuptial agreement voluntarily.
In addition, you have the right to consult with legal counsel before executing the agreement. If you don’t consult with legal counsel and don’t voluntarily and expressly waive your opportunity to consult with counsel in writing, then the agreement can be challenged and legally invalidated.
Talk to an experienced family law attorney today
When it comes to prenuptial agreements, it’s in everyone’s interest for both parties to be represented by counsel. Having legal counsel makes it far more likely that the prenup will hold up in court if and when the time comes.
Even more importantly, an attorney can ensure that your prenuptial agreement complies with the law and adequately protects your rights and interests during and after your marriage. An experienced divorce lawyer who knows the issues that often come up at the end of a marriage is best positioned to help you ensure you are protected from the beginning of your marriage.
If you’re planning to get married and considering a prenuptial agreement, we’d be happy to help. Give us a call or contact us online to speak with an experienced family law attorney at Williams Law Group, LLC.
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