The subject of prenuptial agreements can be a difficult one to broach, but it is an important discussion to have. Prenuptial agreements can benefit both you and your partner in a number of ways. But they can also be a sensitive topic. As a result, it is important to do your research and speak with an experienced attorney. Read on to learn more about prenuptial agreements in New Jersey.
What is a prenuptial agreement?
A prenuptial agreement is a legal document that declares how a couple’s assets should be split in the event that their marriage comes to an end due to separation, divorce, or death.
What can be put in a prenup?
You can include a number of topics in a prenuptial agreement, including:
- Alimony payments
- Life insurance policies
- Rights to buy, sell, or otherwise manage assets
- Rights of both spouses to join or separate property during or after their marriage
Creating a prenuptial agreement can also help you and your partner engage in important financial conversations before your marriage, rather than after.
It is important to note that there are certain matters that cannot be included in a prenuptial agreement, including child custody.
What makes a prenuptial agreement valid?
A prenuptial agreement is an important legal document. As a result, it must meet a number of requirements in order to be considered valid. These requirements include:
- 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
What is a postnuptial agreement?
In some cases, couples do not wish to create a prenuptial agreement and later come to regret it. If this happens, you are still in luck. You can create a postnuptial agreement. This is the same type of agreement, but it is created after the wedding, rather than before.
If you have any questions or concerns about prenuptial agreements, reach out to our firm today. We are here to advocate for you and walk you through the process every step of the way.
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.