About to Get Married: Should You Consider a Prenup?

prenuptial agreementPrenuptial (prenup) agreements are often misunderstood. Some people think a prenup means the marriage is destined to fail, or that one partner is expecting the other to take everything they own. But those assumptions are far from true. Prenup agreements are simply a way for couples to plan their finances before the wedding.

No one wants to enter into a marriage thinking about divorce. But divorce is a fact of life and it does happen. Considering that, it’s often a good idea to plan for the possibility. Planning doesn’t mean you are sure it will happen; it just means you are prepared.

The prenup establishes the monetary and property rights of you and your spouse. Deciding who gets what during a divorce can get ugly without a prenup. Contact the NJ family law attorneys at Edens Law Group for more information regarding prenup agreements.

A Prenup is Legally Binding
In a community property state, any property acquired during a marriage must be equally divided during a divorce. States such as Arizona, Texas, California, and Louisiana are among those with community property laws. It often happens that one spouse isn’t happy about an equal split, and that’s when things become complicated. But a prenup overrides community property laws.

Even if you are not in a community property state, a prenup can still help. An amicable divorce is more likely when both spouses already know what outcome to expect. A prenup puts everything out in the open, so there are no nasty surprises in court.

The Importance of Legal Representation
A prenuptial agreement is a notarized legally binding document. To make sure the prenup is valid, it’s recommended to get help from two separate attorneys. That’s one attorney for each spouse. The NJ family law attorneys at Edens Law Group can help. Contact us for a consultation regarding creating a prenuptial agreement.