When a couple in New Jersey gets engaged, they are often too excited about the future together to think about the unfortunate possibility of the marriage not working out. That being said, about half of all marriages end in divorce. One way to make that divorce as painless as possible is through a prenuptial agreement. This legal document can allow each spouse to protect their assets in a divorce and predetermine many different matters that are often contested.
In order for a prenuptial agreement to be considered valid in the eyes of New Jersey, the couple will have to meet several criteria that can allow them to ensure that the agreement is acceptable. The requirements in New Jersey for a valid prenuptial agreement include that the document must be in writing, include a full financial disclosure for both spouses, be fair and just to both spouses, must be voluntarily executed by both parties, be notarized, and be executed before the couple actually gets married. Couples who would like to seek this type of protection after getting married may want to consider a postnuptial agreement.
Prenuptial agreements are not permitted to include language that involves current or future children, such as child support, child custody, and visitation. If you have questions about executing a prenuptial agreement, contact our firm today.
f 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.