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Whitehouse Prenuptial Agreement Lawyer

Legal Protection in Any Event

While no one likes to think of the possibility of their marriage ending as it's just beginning, there are a number of divorce statistics regarding American marriages that make it perfectly reasonable to at least be prepared in the event that your marriage dissolves. We know that this can be a tricky subject, but in any case, you want to make sure that your way of life is protected whether your union is a success or not, and our firm is here to help.

What is a Prenuptial Agreement?

A prenuptial agreement is a legal agreement that a couple will establish and sign before getting married. The agreement stipulates how assets and liabilities will be divided between the couple in case they separate or divorce. The reason for a prenuptial agreement is to minimize the hassle of divorce proceedings should that become a reality.

Requirements for a Prenuptial Agreement in New Jersey

While prenuptial agreements are commonly used, each state has its own requirements regarding them. In New Jersey, based on the Uniform Premarital Agreement Act (UPAA) of 1988, the requirements are as follows:

  • Must be a written agreement
  • Must have the signature of both spouses
  • Full disclosure of the financial information of both spouses
  • Changes to the agreement are only permissible if both parties give written consent
  • Legal counsel is not required, but if the parties choose not to have it, then there must be formal documentation indicating they have waived the option
  • The agreement is effective upon marriage

It is important to hire an attorney if you and your future spouse are considering a prenuptial agreement. This will ensure that your agreement complies with the applicable laws and will be valid if ever used. A lawyer will help you avoid costly mistakes that will impact your future.

What can be included in a prenuptial agreement?

The obvious answer would be your assets. Most individuals seek a pre-nup to protect their assets, whether they are in the form of real estate, investments, bank accounts, or any other significantly valuable pieces of property. While these are important in a prenuptial agreement, they aren't the only things that can be included.

Prenuptial agreements are also useful for the following:

  • Separating marital and individual assets
  • Ensuring that children of previous relationships are taken care of
  • Protecting oneself from their soon-to-be spouse's debts
  • Establishing the division of property in the event of a divorce
  • Detailing the financial responsibilities of each spouse during the marriage
  • Ensuring that the wishes in your estate plan are carried out as you see fit
  • Ensuring that your assets and property remain in your family

Of course, just as there are matters that can be included in your prenuptial agreement, there are things that cannot be included in them legally. Hiring a Whitehouse family law attorney can ensure that you are not taken advantage of. If one piece of the prenuptial agreement is illegal, it could compromise the entire document.

Prenuptial agreements cannot legally do any of the following:

  • Account for property that is illegal or illegally obtained
  • Make an arrangement for child custody or child support
  • Allow one spouse to waive the right to alimony or spousal support
  • Provide incentive or encouragement for a divorce
  • Make arrangements for personal instead of financial matters

As far as the last bullet point is concerned, it essentially means that things like who takes out the garbage or who does the dishes cannot be included into a prenuptial agreement, because they are not significant enough and are not really even able to be enforced. You can, however, make financial arrangements for things like attending school.

If you think you or your loved ones could benefit from a prenuptial agreement, call our Whitehouse prenuptial agreement attorneys today at (908) 428-7983 to schedule an initial consultation

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