Edison Prenuptial Agreement Lawyers

Though prenuptial agreements are always a good idea, some couples are afraid to suggest drafting one. This is understandable, but the truth is that a prenup is nothing more than a document designed to plan for the future. Fortunately, in today’s day and age, more and more couples are recognizing this, and will make the move to create a valid and enforceable prenuptial agreement. If you’d like to draft a prenuptial agreement, please don’t hesitate to contact our knowledgeable Edison family lawyers for help.

Prenuptial Agreements in New Jersey

Prenuptial agreements are essentially legal documents made to protect certain assets, among other things, in the event of a divorce. Importantly, prenuptial agreements are always entered into prior to marriage.

What Can I Protect in a Prenuptial Agreement?

In a prenuptial agreement, you can protect various assets and interests to ensure clarity and fairness in the event of a divorce. In New Jersey, these agreements can cover:

• Premarital Assets: Clearly define which assets each party owned before the marriage, ensuring they remain separate property.
• Business Interests: Protect ownership interests in a business, including income generated from the business during the marriage.
• Real Estate: Specify the ownership and division of real estate properties, whether acquired before or during the marriage.
• Financial Accounts: Determine the distribution of individual bank accounts, investment portfolios, and retirement funds.
• Debts and Liabilities: Allocate responsibility for premarital and marital debts, preventing one spouse from being burdened by the other’s liabilities.
• Inheritance and Gifts: Protect inheritance rights and gifts received by one spouse, ensuring they remain separate property.
• Spousal Support: Outline terms for spousal support or alimony, including the amount and duration, in case of a divorce.
• Personal Property: Specify the division of personal belongings, such as jewelry, artwork, and other valuable items.
• Estate Planning Provisions: Coordinate the agreement with your estate plan to protect the interests of children from previous marriages or other beneficiaries.

What Don’t These Agreements Cover?

While prenuptial agreements offer significant flexibility, certain matters cannot be included. These limitations ensure fairness and adherence to public policy. In New Jersey, these agreements cannot cover:

• Child Custody and Support: You cannot predetermine child custody or support arrangements, as these decisions are made based on the best interests of the child at the time of the divorce.
• Illegal Provisions: Any terms that violate public policy or state laws, such as promoting divorce or including fraudulent information, are unenforceable.
• Personal Obligations: Agreements cannot include non-financial personal obligations, such as household chores or family relationships.
• Unconscionable Terms: Provisions that are grossly unfair or one-sided at the time of enforcement may be invalidated by the court.
• Modifications to Child Welfare Laws: Any attempt to limit or modify the court’s power to decide on child welfare matters is prohibited.
• Penalties for Divorce: Clauses that impose financial penalties or incentives based on the decision to divorce are not enforceable.

What Makes a Prenuptial Agreement Valid & Enforceable in NJ?

For a prenuptial agreement to be valid and enforceable in New Jersey, it must meet several legal requirements:

• Written and Signed: The agreement must be in writing and signed by both parties to be enforceable.
• Full Disclosure: Both parties must fully disclose their assets, liabilities, and financial situation at the time of drafting the agreement.
• Voluntary Execution: The agreement must be entered into voluntarily by both parties, without coercion, duress, or undue influence.
• Fair and Reasonable Terms: The terms of the agreement must be fair and reasonable at the time of execution and not unconscionable at the time of enforcement.
• Separate Legal Counsel: Each party should have independent legal counsel to ensure that their interests are adequately represented and to avoid conflicts of interest.
• Time for Consideration: Both parties should have sufficient time to review and consider the agreement before signing, ensuring they understand the terms and implications.
• Compliance with State Laws: The agreement must comply with New Jersey state laws and public policy to be enforceable.

By ensuring these conditions are met, you can create a prenuptial agreement that is both valid and enforceable, providing peace of mind and financial security for both parties.

Contact Our Prenuptial Agreement Lawyers Today

If you have additional questions or you believe that a prenuptial agreement may work for you, please don’t hesitate to contact the dedicated prenuptial agreement lawyers here at Arndt, Sutak & Miceli, LLC today.