According to a recent study, around 62% of divorce attorneys saw an increase in prenup requests. It’s becoming more common for couples to sign a prenup agreement before marriage. Therefore, you might find that learning how to get a prenup in NJ can benefit you in the future.
Read on to learn more about getting a prenup in NJ.
How to Get a Prenup in NJ
Most of the responsibility for drafting a prenup in New Jersey falls on the couple. A qualified NJ prenup lawyer can provide guidance, but the couple must agree on the agreement’s terms. Legally, these terms must be fair to both parties, and neither spouse can coerce or lie to the other into accepting specific terms.
Both spouses also need to disclose all of the legally required information. This includes all of the assets that either party has before marriage. These include trusts, business assets, real estate property, investment accounts, and anything a spouse considers essential.
Also, while the couple can amend a prenuptial post-marriage, they cannot create a prenuptial post-marriage. A prenuptial-like agreement made after a couple has completed their marriage is known as a postnuptial.
Why Should Couples Get Prenups in NJ?
In the case of equitable distribution, which is the usual result of a divorce, spouses can lose the assets they need to support themselves and their families. A prenuptial agreement prevents either spouse from parting with certain assets if a divorce should occur. Thus, either party does not risk financial destruction if he or she agrees to a divorce.
Is an NJ Prenup Lawyer Necessary?
It is possible to write your own NJ prenuptial agreement and get it notarized. However, if you do not have legal experience, it won’t be easy to know if your documents meet the requirements of NJ prenup laws.
Any highly skilled prenup lawyer in NJ can use his or her experience to confirm if your documents are or are not entirely legal and binding. He or she can also make specific recommendations on how you can fix your documents should they need adjustments.
What Should a Woman Ask For in a Prenup?
Women will likely receive gifts such as jewelry during a marriage. They should create a clause in the agreement that causes any spousal gifts to remain theirs.
Also, women will likely take time off from work to take care of children. This can affect their future job prospects. Women should create an alimony clause to ensure they’re protected as they search for work post-divorce.
We’re a Full-Service Law Firm in Madison, New Jersey
Divorces have destroyed the financial well-being of countless individuals. Now that you know how to get a prenup in NJ, you can ensure you don’t become one of these individuals.
When you need legal assistance in drafting your prenuptial agreement, we can help. At the Dalena and Bosch law firm, we guide and support our clients through all aspects of family law. To schedule a consultation give us a call or simply fill out the form on our contact page and we will be happy to get back to you quickly.