Marriage is an exciting time in everyone’s life, and if you are ready to marry your spouse-to-be, you are most likely not thinking about a potential divorce. However, that being said, as with anything in life, it is always best to prepare for the worst-case scenario, and you can do so easily and quickly by drafting a prenuptial agreement. Though there used to be a stigma surrounding prenuptial agreements, in today’s day and age, this is no longer the case. Though a prenuptial agreement is not necessarily “romantic,” the truth is, drafting one can save both you and your future spouse greatly in the long run.
Essentially, creating a prenuptial agreement allows both you and your future spouse to predetermine what would happen with certain assets that you’ve obtained before your marriage, should you ever get a divorce, thereby making these assets exempt from the equitable distribution process. Please continue reading and speak with our knowledgeable New Jersey family law attorneys to learn more about prenuptial agreements and how our firm can help you draft one. Here are some of the questions you may have:
How do I know if my prenuptial agreement is valid in New Jersey?
As with any legal document, prenuptial agreements are useless if they are not recognized as valid and enforceable in the eyes of the law. For a prenuptial agreement to be considered valid in New Jersey, it must meet the following qualifications:
- The prenuptial agreement must be fair and just for both parties
- The prenuptial agreement must either be notarized or legalized by a notary
- The prenuptial agreement must be executed before marriage
- The prenuptial agreement must be in writing
- The prenuptial agreement must include full disclosure of assets at the time of execution
Can I draft a prenuptial agreement if I am already married?
If you are already married, you cannot draft a prenuptial agreement. However, fortunately, you can draft a very similar document, known as a postnuptial agreement instead. Postnuptial agreements essentially serve the same purpose as prenuptial agreements, though they are exclusively drafted after marriage. Though the conversation may be a slightly uncomfortable one, in many cases, both spouses can agree that drafting a postnuptial is simply a tool that offers them protection from the worst and that drafting such a document does not reflect the status of their marriage. If you are ready to draft a prenuptial or postnuptial agreement, our firm is here. All you have to do is give us a call.
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.