Prenuptial Agreements

New Jersey Prenuptial Agreement Attorneys

Prenuptial Agreements in Morris County

Divorcing couples find themselves in court over many of the same marital issues. Divorce matters, including the division of assets and alimony could have been addressed before exchanging vows. A prenuptial agreement is an effective way to protect your assets before getting married. Simply put, a prenuptial agreement is a binding contract that establishes a mechanism for what would happen if the marriage ended. Unfortunately, for some prenuptial agreements can come with an unjust social stigma. Our firm recognizes the need to protect assets that are deeply important to you and we are ready to help you execute a valid prenuptial agreement. If you are interested in knowing more about the document or the process, contact Haber Silver & Simpson.

What makes a prenuptial agreement valid?

As a prenuptial agreement is a contract between prospective spouses or partners in a civil union made in contemplation of marriage or a civil union. A premarital or pre-civil union agreement typically addresses property distribution and support issues which may arise if the marriage were to dissolve.  There are a few rules parties must follow in order to ensure the agreement is legally binding.  For one, prenuptial agreements are limiting in nature. A prenuptial agreement cannot contain language regarding child support which would adversely affect the right of a child to support. For most, a prenuptial agreement will address alimony, property distribution, and other financial aspects of the marriage.  For a prenuptial agreement to be valid, it must:

  • Be in writing
  • Include a full financial disclosure
  • Be fair and just
  • Cannot be unconscionable
  • Be executed voluntarily by all parties

Parties must also consult with independent counsel or voluntarily and expressly waive, in writing, the opportunity to consult with independent counsel.

Why do I need a prenuptial agreement?

No one can predict the future. With more than 50% of marriages ending in divorce, it is important to consider legal options to protect what is deeply important. We recognize that many do not want to consider the end of a relationship before it begins, but being prepared is important. If left unaddressed, a couple can face a variety of legal problems.

Contact our Morris County family law firm to protect your interests

Haber Silver & Simpson works with clients across New Jersey interested in executing prenuptial agreements. We know that it can be hard to consider the end before the beginning, but a premarital agreement can avoid potential legal problems. A prenuptial agreement allows couples to agree upon the financial aspect of their relationship and focus on what is important. For a consultation with an experienced law firm with significant experience executing prenuptial and postnuptial agreements, contact Haber Silver & Simpson.