As you know marriage is one of the most significant chapters in anyone’s life. For this very reason, people plan their weddings for months in advance. That being said, planning your wedding is essentially planning for your future, which is a wise thing to do. For this very reason, you should also plan for the worst, and while drafting a prenuptial agreement is not particularly romantic, the truth is, drafting one may save you greatly in the long run. In today’s day and age, prenuptial agreements no longer have a stigma associated with them, and they are instead seen as they are: a useful and practical tool that gives future spouses peace of mind.
There are many reasons why spouses draft prenuptial agreements, though, as you may know, they are primarily created to protect each spouse’s assets from the equitable distribution process, should they ever get divorced. While you do not need an attorney to draft your prenuptial agreement, by hiring one, you can ensure that your agreement is valid, legally enforceable, and addresses each of your concerns. Our firm has helped countless individuals draft dependable prenuptial agreements over the years, and we know that we have the knowledge and experience needed to do the same for you. Please continue reading and speak with our seasoned New Jersey family law attorneys to learn more about what makes a prenuptial agreement valid and enforceable in the eyes of New Jersey law and how we can ensure we follow protocol to a T so your agreement can take effect as soon as you may need it.
What makes a prenuptial agreement valid and enforceable in New Jersey?
As with any other legal document, a prenuptial agreement is useless if it is not valid and enforceable in the eyes of the law. Every prenuptial agreement must meet the following qualifications:
- Prenuptial agreements must be in writing
- They must be notarized or executed in front of a notary
- They must be fair and just to both parties
- Both spouses must either retain legal counsel or explicitly waive their right to counsel
- Prenuptial agreements must include complete disclosure of finances
- They must be executed before marriage
If you have any additional questions or you are ready to get started, give our New Jersey family law attorneys a call today. We are here to help you draft a sound prenuptial agreement that best suits you and your future spouse’s needs.
Contact our experienced New Jersey firm
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 the state of New Jersey. Contact our firm today to schedule a consultation.