If you live in New Jersey and you are ready to get married to your spouse-to-be, there is a very good chance you’ve spent months planning for your wedding, the after-party, your honeymoon, and more. Of course, this is all great fun, and you have your entire lives ahead of you. In such an exciting time, it’s hard to think of planning for the worse, though in today’s day and age, this really is something that all couples should consider.
Fortunately, the stigma attached to drafting prenuptial agreements has largely gone by the wayside, as now, many couples are finally beginning to see these documents not as an unromantic, unwelcome burden, but as a useful tool that may help preserve their assets significantly in the long run. Though you may believe that, as a young couple, you don’t have many assets, to begin with, and so why should you draft a prenuptial agreement, the truth is that you most likely have more than you think. Furthermore, prenuptial agreements can help sort out future alimony terms and more.
Therefore, if you and your partner believe you are ready to draft a prenuptial agreement, this is great news, and it is one of the most responsible decisions you will make. That being said, as with all legal documents, a prenuptial agreement means nothing if it is not valid and legally enforceable in the eyes of New Jersey law. That is why you must retain the services of an experienced Red Bank family law attorney who can work to ensure your prenuptial agreement can take full effect if ever need be. Below, we have compiled a short checklist of everything your prenuptial agreement needs to be enforceable under NJ law.
What Makes a Red Bank Prenuptial Agreement Valid
- To start, you must execute your prenuptial agreement before marriage. If you are already married, you cannot create a prenuptial agreement, though you may draft a postnuptial agreement, which functions largely the same.
- All prenuptial agreements in New Jersey must be in writing.
- Prenuptial agreements must be notarized, or executed in front of a notary.
- You and your future spouse must include full disclosure of all assets included in the agreement.
- Prenuptial agreements must be fair and just to both parties.
- There must be no evidence of coercion, manipulation, or deceit into signing the document.
Contact our experienced New Jersey firm
Our firm proudly represents clients in New Jersey who are faced with matters of family law, criminal defense, business law, real estate law, or estate planning. If you require strong and dedicated representation for any of your legal matters, please do not hesitate to contact The Law Offices of George J. Mardinly to schedule a consultation.