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Guide: NJ Prenuptial Agreement Statute

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Oct 16, 2022

Guide: NJ Prenuptial Agreement Statute

Prenuptial Agreement Statute in New Jersey

A prenuptial agreement, or prenup, is a contract made before marriage. It ensures that the assets and debts of all involved parties are not distributed or used unfavorably during or after the marriage.

There should be no limit to the assets that a prenup agreement can protect. However, creating a prenup in New Jersey is far from a freeform process. For an NJ prenup to be legally binding, it must comply with the NJ Prenuptial Agreement Statute.

Read on to learn more about this statute and how to tailor your NJ prenup to meet all the requirements.

What Does the NJ Prenuptial Agreement Statue Require?

Individuals entering into a New Jersey prenup agreement must do so voluntarily. They also must obtain and utilize an independent legal counsel and be allowed sufficient time to consider all aspects of the agreement. In addition, the written contract should state all the assets each party owns.

What Can Be Addressed in an NJ Prenuptial Agreement?

Most stipulations in a prenup address the amount of control each member of a marriage relationship has over their assets or those of another. An example would be a clear statement of how a relationship member can buy, sell, transfer, and/or take any action with one or more assets. It can also prevent any undue modification of the prenup contract.

What Can’t Be Covered in an NJ Prenup?

Custody of children and child support agreements cannot be included in a prenup agreement. Most of the courts that handle these matters focus on the best interests of the child or children in question. This method protects the welfare of the child.

Also, prenups only cover marriage relationships. They do not apply to domestic partnerships or individuals who are living together.

What Makes an NJ Prenup Agreement Necessary?

Anyone entering into a marriage agreement doesn’t have to have a stated reason for wanting to protect their assets with a prenup. It’s understandable for a person not to want to end up in a poor financial state after having to divide assets or provide alimony in the event of a divorce.

However, those entering a prenup agreement may not just be protecting themselves. They may share certain business holdings with family members, and dividing these could cause harm to their relatives. Putting these out of reach of a marriage partner will allow an individual to keep his or her family members safe.

Trust Us With All Your New Jersey Family Law Concerns

People want to believe in the power of love to last until death. The statistics prove this is not always the case; many relationships can end in highly messy ways. Even if you never get divorced, having a prenup can save you from any worries you may have of a divorce disaster occurring.

If you’re having trouble creating your prenup and making it compliant with the NJ Prenuptial Agreement Statute, hire our services. We’re a full-service family law firm that holds our clients’ hands through the worst days of their lives. When ready, contact the family law firm, Delana & Bosch to schedule a consultation.

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I chose Jessica A. Bosch to represent me because she was compassionate and knowledgeable. My divorce was a long and difficult journey. During this time, I lost sight of what was really important. Jessica kept me grounded and focused on what would be best for me after the divorce. I am grateful for her help in protecting two very important financial things that I might have given up. I didn't…
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