Prenuptial Agreement In The State Of NJ
When two people get married, they aren’t just vowing to join together as one family. They are combining their finances along with their hearts, souls, and their commitments to one another.
If two people fall out of love or have grown apart, separating all of their assets can be difficult when the couple is seeking a divorce.
If a couple entered marriage and signed a pre-nuptial, much of the stress and arguing over who takes ownership will ultimately have already been settled. One’s finances and assets will be protected since the pre-nuptial agreement essentially has laid out a guide of who gets what in the event of a divorce.
Pre-nuptials can cover everything a person owns, including debt, bank accounts, property, and estate.
The laws surrounding prenuptial’s aren’t the same in every state. New Jersey has its own specific guidelines.
Keep reading below to learn more about prenuptial agreements and how to write one in the garden state!
What is a Prenuptial Agreement?
A prenuptial agreement is a document that two people sign before they tie the knot of marriage.
By signing the agreement, assets, finances, and other matters are outlined regarding who will maintain ownership if the couple separates. Typically, people think of it as a way to protect themselves.
Usually, state and federal laws would dictate how property is split in the event of a divorce. However, if a couple signs a prenup before taking their vows, they will be able to split on the terms outlined in the prenup instead of following what the state declares.
If you’re asking, “Do prenups hold up in NJ,” the answer is yes!
Legal Benefits of Prenuptial Agreements
It’s vital to speak to a family law attorney specializing in prenups before setting up and signing a premarital agreement in the state of New Jersey. If counsel to both parties is not done correctly, and one spouse claims they were not counseled, the agreement is void.
Both spouses should meet with the same lawyer to discuss and set-up the prenup that works best for both of them and one that will be in accordance with the New Jersey law.
And if you’re wondering, “How long does a prenup last in NJ?” don’t worry! It can last as long as you need it to.
How to Write An Agreement Everyone Can Agree On
In New Jersey, a prenuptial agreement must be signed by both parties due to the New Jersey Premarital Agreement Act. One person cannot sign onto an agreement and get married without telling the other person — everyone must agree.
A statement of assets must also be outlined and attached to the agreement. This outline will give a detailed explanation of all the assets in question.
The statement must be a valid document stating all of the facts of ownership at the signing time.
If done correctly, the couple will not face any problems when they divorce.
The garden state also allows people to include modifications to spousal support, property management rights, and other obligations.
However, New Jersey Law says that spouses cannot predetermine child support or custody arrangements for children in an agreement. Usually, the courts make decisions on these types of issues.
New Jersey Prenup Attorney
For many, the thought of having to sign a prenup with the person you plan on spending the rest of your life with can cause undue stress, while their spouse is looking to maintain their financial security. This can result in the deterioration of faith in the relationship, which can quickly happen.
This is why it is crucial to find a family law attorney who will be there for both individuals planning on tying the knot.
An attorney who understands what each may be feeling and is compassionate to help them resolve this issue in the best interest of both. Because at this time, both may be dealing with the thought of a prenup in very different ways.
The attorney must also have the knowledge and expertise to complete the prenuptial agreement in accordance with NJ Law so, in the event of a divorce, the agreement will stand and will not be null and void.
By signing a prenup, spouses are entering into a marriage where the distribution of assets will be clear if they ever divorce.
To learn more about setting up a prenup in New Jersey, contact the Family Law firm of Dalena & Bosch. We will be happy to help you.