Divorces are very complicated in general, some more than others. However, there are often situations where the couple getting divorced already addressed many of the matters of their divorce before they were even married. If that’s the case, the couple had a prenuptial agreement in place and their divorce will likely go much more smoothly than divorces without this agreement. Prenuptial agreements have unfortunate stigmas attached to them. Just because a couple has a prenuptial agreement in place doesn’t mean that they are obligated to get divorced a few years down the road. However, it is a helpful tool in the event that the marriage does end that protects your assets and expedites the divorce process.
It is important to make sure that your prenuptial agreement is valid. There are several factors that go into ensuring the validity of a prenuptial agreement. These include that the agreement must include a full financial disclosure of each party, that it is voluntarily signed by both parties, that it is in writing and that it is fair and just. In addition, prenuptial agreements must be notarized and fully executed prior to the date in which the couple is legally married.
One final requirement is that both parties must seek independent legal counsel to create the agreement. However, if they choose not to do so, they must express their choice in writing. If you need help with a prenuptial agreement, contact us today.
If you require strong legal representation for matters related to divorce or family law, Haber Silver Simpson & Russoniello is here to help. We proudly represent clients in Morris County and throughout New Jersey. Contact our firm today to schedule a consultation.