There are few things more exciting in life than marriage. However, just as you spend months planning for your wedding, you should also take the time to plan for the worst. One of the best tools for doing so is drafting a prenuptial agreement. Please continue reading and reach out to our experineced Red Bank family law attorney to learn more about prenuptial agreements, how they may benefit you and your future spouse, and how our firm can help you draft one. Here are some of the questions you may have regarding the legal process ahead:
Why should I draft a prenuptial agreement?
There are many reasons why couples across New Jersey choose to draft prenuptial agreements. Some of the most important aspects of prenuptial agreements are as follows:
- Prenuptial agreements in New Jersey allow couples to join or separate property either during their marriage or after they get divorced.
- Prenuptial agreements can determine how you will handle life insurance policies in the event of a divorce.
- Couples can determine a future alimony agreement, should they ever get a divorce.
- Prenuptial agreements allow couples to decide on who will get what assets in the event of a divorce.
What makes a prenuptial agreement valid and legally enforceable?
Legal documents do not carry any water if they are not determined to be valid and enforceable in the eyes of the law. New Jersey courts will not recognize your prenuptial agreement unless it meets the following standards:
- They must be in writing.
- They must be notarized.
- They 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.
Can I still draft a prenuptial agreement if I am already married?
Unfortunately, you may not draft a prenuptial agreement if you are already married, however, you may draft another document, known as a postnuptial agreement. Essentially, postnuptial agreements serve the same purpose as prenuptial agreements, however, they are executed after a marriage. If you have any additional questions about prenuptial agreements, postnuptial agreements, or any other family law matter, please do not hesitate to give our experienced New Jersey family law attorney a call today to learn more about how our firm can help you.
Contact our experienced Red Bank, 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.