How Will a Prenuptial Agreement Affect a New Jersey Divorce?
In New Jersey, a prenuptial agreement is a legally binding contract that a couple prepares prior to marriage with the help of a New Jersey family law attorney. It specifies how alimony will be handled and how the marital assets will be apportioned and distributed if the spouses divorce.
When a wedding date approaches, discussing a “prenup” may feel awkward. After all, a marriage is supposed to last for life. But prenuptial agreements protect both partners, and their own lawyers may review it before they sign. For both partners, signing a prenup can be a smart move.
How does a prenuptial agreement affect the division and distribution of marital assets in a New Jersey divorce? Are divorce courts in New Jersey always obligated to abide by the terms of a prenuptial agreement? If not, when may a prenuptial agreement be deemed unenforceable?
What Are New Jersey’s Rules for Prenuptial Agreements?
As you may already know, a prenuptial agreement is a legal and financial document that allows spouses to protect their personal property, to protect themselves from a marital partner’s debts, and/or to specify additional terms and conditions should the marriage end in divorce.
Under New Jersey law, a prenuptial agreement must be put in writing and must be signed by both prospective spouses. The document must also fully disclose each partner’s assets and debts. Although a separate lawyer for each party is not required by law, it’s a good idea.
In New Jersey, a prenuptial agreement takes effect at the moment of marriage. When both prospective partners have signed the prenup, it can resolve in advance a number of the disputes that might otherwise emerge in a subsequent New Jersey divorce proceeding.
What Do Prenuptial Agreements Provide?
A prenuptial agreement typically lists the properties and assets that will remain with their original owner if the marriage ends in divorce. A prenuptial agreement can protect almost any personal property you acquired prior to the marriage, including but not necessarily limited to:
- real estate
- savings accounts
- personal possessions inherited from grandparents or parents
A prenuptial agreement can also offer protection against creditors who are trying to collect an ex-spouse’s debts. It can establish in advance an agreement for spousal support (alimony) and can even set the amount of spousal support that will be paid if the marriage ends in divorce.
Additionally, when properly prepared by a Morris County prenuptial agreement attorney, a prenuptial agreement can ensure that future income earned from one spouse’s inheritance (interest, for instance) is not divided and shared with the other spouse after the divorce.
What Matters Cannot Be Dealt With in Prenuptial Agreements?
Under New Jersey law, a prenuptial agreement may not address matters that include child support, child custody, or parental visitations. The courts in New Jersey resolve custody disputes and determine child support payment amounts based on the child’s best interests.
Prenuptial agreements strictly address financial matters, and any provision of a prenup that addresses another topic will be deemed invalid by a New Jersey court. Additionally, New Jersey courts will not enforce prenuptial agreements that are clearly unjust or unfair to either party.
When May Prenuptial Agreements Be Contested in New Jersey?
When a divorcing couple in New Jersey has a prenuptial agreement in place, the law in this state allows challenges to that agreement during the divorce proceeding in only the following circumstances:
- One partner can prove that he or she signed the document under duress or coercion.
- One partner can prove that the other did not make a full financial disclosure.
- One partner failed to consult an attorney prior to signing the document.
- The agreement is – or over time has become – unconscionably unfair.
A comprehensive prenuptial agreement may address life insurance and death benefits, property rights, trusts and wills, and other financial issues. Although a prenup may not be right for every couple, every couple should discuss their finances and their financial goals before a marriage.
How Can You Know That Your Prenuptial Agreement is Enforceable?
In the State of New Jersey, if you and your spouse-to-be agree to prepare a prenuptial agreement, be sure to avoid using downloadable or preprinted blank forms. You and your partner need a document that is designed specifically to address your personal concerns and meet your needs.
Let a New Jersey family law attorney prepare the customized prenuptial agreement that is right for you and your prospective spouse. Your lawyer will ensure that your agreement meets all of the legal requirements and will be enforced, if necessary, by a New Jersey divorce court.
If you have already prepared a prenuptial agreement, a Morris County prenuptial agreement attorney can review that agreement to ensure that it is fair, legal, and enforceable. If your agreement needs a revision, your lawyer will advise you and help you to modify the document.
Put Edens Law Group to Work for Your Family
New Jersey is a great place to get married. It’s even better when your legal and financial concerns are covered and your spouse is in agreement with you. For help with a prenuptial agreement or any other family law matter, now or in the future, call Edens Law Group at once.
Edens Law Group has been serving clients in and near the Chester, New Jersey area since 1994. We focus exclusively on matters of family law. We are skilled and trusted professionals who are committed to providing sound legal advice and outstanding legal representation to our clients.
Preparing a prenuptial agreement, getting a divorce, or adopting a child can change your life forever. At Edens Law Group, we work diligently and effectively to resolve the most difficult legal issues and family law disputes, and we’ve built a reputation for extraordinary client service.
To learn more about preparing a prenuptial agreement or about any other matter of family law, contact Edens Law Group promptly. Call our law offices in Chester at 908-529-0353 to schedule a no-obligation case evaluation, and let us go to work for you and your loved ones.
