When a couple gets married, their lives become intertwined. This includes their finances. For this reason, many couples opt to create a prenuptial agreement. However, it is imperative that your prenup meets all the necessary requirements in order to be considered valid. Read on to learn more about creating a valid prenuptial agreement in New Jersey.
What is a prenuptial agreement?
A prenuptial agreement is a legal document that declares how a couple’s assets should be divided in the event that their marriage comes to an end. Many people avoid prenuptial agreements because of their negative connotations. However, the purpose of a prenuptial agreement is to protect both parties. These documents can make couples feel safe and secure as they enter into this new chapter together.
What can I include in a prenuptial agreement?
It is important to understand what can and cannot be included in a prenuptial agreement. In New Jersey, you can include assets like inheritances, life insurance policies, rights to buy, sell, or otherwise manage assets, and the rights of both spouses to join or separate property during or after their marriage.
What cannot be included in a prenuptial agreement?
Your prenuptial agreement cannot include child custody arrangements. Additionally, you cannot include certain lifestyle clauses, for example, you cannot include a clause stating that your spouse will experience financial penalties for things like weight gain or infidelity.
What makes a prenuptial agreement valid in New Jersey?
A valid prenuptial agreement can make things a lot easier when it comes to divorce. In some cases, litigation can be shortened or skipped entirely with the help of a prenup. However, if your prenuptial agreement is found invalid, you can find yourself in a lot of trouble. For example, you may lose assets you would have otherwise maintained. In order to ensure that your prenuptial agreement is valid, it is important to work with an experienced family law attorney. Your attorney will make sure your prenup meets the necessary requirements, which include:
- The penup must be in writing
- The penup must be notarized
- The penup must be executed before your marriage.
- You and your partner must disclose each of your assets in the agreement.
- Prenuptial agreements must always be fair and just to both parties, with no evidence of manipulation or deceit.
If you have any questions or concerns about creating a valid prenuptial agreement in New Jersey, our firm is here to help. Contact us today to discuss your options.
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