Why Would I Draft a Prenuptial Agreement in New Jersey?
The main function of any prenuptial agreement, in New Jersey or anywhere, is to protect your assets and holdings if you are divorced.
Using a prenup, you can plan exactly how your assets are distributed and outline how other items, such as alimony, are carried out.
Even if you consider your estate relatively small, filing a prenup will give couples peace of mind.
By addressing essential issues ahead of time, you can focus on what matters most, knowing that if divorce (or incapacitation or death) should occur, your assets will be protected from being distributed in a manner you would not want or dictate.
The strict requirements of New Jersey prenuptial agreements will protect your business and other assets from becoming involved in a messy divorce settlement process. A well-drafted prenup is the best way to ensure that your family, relatives, etc., will not lose their ability to support themselves if you divorce.
To determine if a prenup is right for you and your future spouse, you should obtain a case evaluation from a qualified Morris County divorce lawyer.
By doing so, you can get the current and correct information regarding prenups, learn the facts about your legal rights, and decide if you should have a prenup drafted.
How Can I Be Sure My Prenuptial Agreement Is Valid in New Jersey?
New Jersey does have numerous and changing restrictions and regulations regarding prenuptial agreements. If your prenup is to hold up in court, it must contain specific legal contents and be drafted per the New Jersey Uniform Premarital Agreement Act.
No matter what the legal document may be, it means nothing if it is not considered valid and enforceable by the New Jersey courts.
A New Jersey, valid, prenuptial agreement must meet many strict standards. Some of these standards are as follows:
- Your prenup must be formally presented in writing.
- The prenup must be finalized and executed before you and your spouse are married.
- The prenup must disclose each spouse’s assets, holdings, income and possessions.
- The prenup must be notarized or otherwise executed in front of a notary.
- Notably, the prenup must be fair and just towards you and your spouse.
- There must be no evidence of possible coercion, manipulation, or deceit when executing the prenup.
- You and your future spouse must have had sufficient time to consider the agreement and that they are in accordance with its provisions.
- Both parties need to have the prenuptial agreement reviewed by a separate attorney of their choosing.
You begin to see that drafting a valid, complete, and comprehensive prenuptial agreement in New Jersey can be a challenging legal task, and the help of your experienced, knowledgeable, and empathetic Morris County divorce lawyer will be invaluable.
What Are the Legal Processes For Drafting a New Jersey Prenuptial Agreement?
Most couples need to be made aware of how to obtain a prenuptial agreement and the positive value this agreement can have to a successful marriage. Of course, each situation (financial and otherwise) differs, but having a valid, well-planned prenup can effectively stabilize your union in case of unavoidable divorce.
You must note that any prenuptial agreement only holds up if it is legally valid, so the first thing to do is to consult with a professional, local family and divorce lawyer who is experienced in drafting these documents. Also, you and your future spouse must have your own lawyer; you cannot use one attorney to represent you both. You will meet with your lawyer and thoroughly discuss all the assets you want to protect.
There are times, in many of these cases, that substantial funds and assets may be involved. Therefore, you and your family lawyer may need extra caution in thoroughly identifying your “non-marital assets.” Note that usually, a prenup is intended to give detailed instructions in the event of a divorce, so all the facts must be made perfectly clear. Additionally, any businesses, or real estate, may need to be evaluated by an expert to determine their current and exact worth.
Your experienced and detailed family law team will guide you through the entire process. Each case differs, but the key to an enforceable prenup is total and full disclosure and negotiating an agreement without any duress. Once you have given your law team all the information needed, you can begin to discuss what should be divided and what should be kept separate.
So, a complete discussion with your Morris County family lawyer will determine how to proceed. From that point on, your lawyer will draft all the necessary documents correctly and in strict accordance with New Jersey’s prenuptial agreement laws,
Why Should I Have a Lawyer Draft My New Jersey Prenuptial Agreement?
If you, and your future spouse, decide to move forward with a prenuptial agreement, this decision offers both parties the opportunity to discuss their views on money and marriage.
You can start by directly discussing the subject with one another and then with your respective family law attorneys. Also, depending on the size and scope of your assets, etc., some couples decide to bring other professionals, such as financial planners, into the picture.
Due to the detail involved, working with a qualified, diligent, and experienced attorney is recommended to ensure that your prenuptial agreement accurately reflects your wishes, is drafted correctly, and will be valid and enforceable in the New Jersey courts when needed the most.
I Need To Draft a New Jersey Prenuptial Agreement; What Should I Do?
You now see that correctly drafting an enforceable and thoroughly thought-out prenuptial agreement in New Jersey can be a challenging legal undertaking. Always note that if your prenup is not done correctly and with the diligence it deserves, it may not work as expected when needed, and worse, may not hold up in court and be thrown out entirely.
So, obtaining a case evaluation is wise, and seeking the advice, guidance, and assistance of a Morris County divorce lawyer experienced in drafting successful, thorough, and fully enforceable prenups is mandatory.
In Morris County, the Edens Law Group has been helping New Jersey couples draft solid and thorough prenuptial agreements since 1994. They will gather all the pertinent facts you want to convey in your agreement and ensure that, when framed, your prenup will perform precisely as expected if needed and will not be challenged by the New Jersey courts.
Call them today at (908) 879-9499 and receive the consummate professional help you require to move forward with peace of mind.