There are a lot of misconceptions about prenuptial agreements. As a result, many couples avoid creating these agreements. But, the truth is, prenuptial agreements can be extremely to both parties involved. Read on to learn more.
What is a prenuptial agreement?
A prenuptial agreement is a document that declares how a couple’s assets will be divided in the event that the marriage ends due to separation, divorce, or death. Because prenuptial agreements deal with the end of a marriage before the wedding has even happened, many couples avoid even discussing them. But, this can be a huge mistake. A prenuptial agreement is meant to protect both parties, so you and your partner can both feel safe and secure as you enter this new chapter of your life. Additionally, creating a prenuptial agreement can help ensure that you and your partner get important financial conversations out of the way before the wedding, rather than after.
What makes a prenuptial agreement valid in New Jersey?
A prenup is an important legal document. As a result, your agreement must meet the following requirements in order to be considered valid:
- Your prenup must be in writing.
- It must be notarized.
- It must be executed before your marriage.
- You and your partner must fully 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.
What if I did not make a prenup and changed my mind?
If you and your partner got married and later decided you want a prenup, you’re still in luck. In this case, you can create a postnuptial agreement. This is the same type of document, only it is created after the wedding. If you are interested in creating a postnuptial agreement, reach out to an attorney as soon as possible to begin the process.
If you have any questions or concerns about prenuptial agreements in New Jersey, our firm is here to help. Reach out today to speak with an experienced and dedicated family law attorney.
Contact our experienced Red Bank 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.