When it comes to signing a prenuptial agreement, many people feel worried. Many of these worries are due to the stigma surrounding prenuptial agreements. Read on to learn about some of the most common concerns regarding prenuptial agreements and why your fears may be unnecessary.
Does a Prenup Indicate a Lack of Trust?
A prenuptial agreement is a document that declares what will happen to your and your spouse’s assets in the event that the marriage comes to an end. Many people worry that a prenup indicates a lack of trust. After all, why plan for the end of the marriage before it has even begun? In reality, a prenuptial agreement can make your marriage more stable than ever. This is because a prenup allows both parties to enter into their union feeling safe and protected. Additionally, it allows couples to have important conversations about finances and the future before the marriage, rather than after the fact.
Can I Be Forced to Sign a Prenuptial Agreement?
Sometimes, one spouse wants to create a prenuptial agreement and the other spouse does not. It is important to understand that in order for a prenup to be considered valid, it must be created voluntarily. This means that you cannot be forced to sign a prenup. That being said, if you and your partner cannot agree when it comes to a prenuptial agreement, you may want to speak with an experienced family law attorney for more information and to discuss your various options.
Will my Prenup Hold up in Court?
Some people worry that their prenuptial agreement will not hold up in court, and therefore is not worth creating. A prenuptial agreement is an important legal document, and it must be created and filed in a specific way. But, if you meet the following requirements and work with a skilled attorney, your prenup should be legally sound:
- It must be in writing
- It must include a full and fair financial disclosure
- Each party retain independent counsel
- It must be executed before the marriage
- It must be voluntary
If you have any questions or concerns about prenups, reach out to our firm today.
Contact our experienced Ocean City firm
Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. Not only is your financial well-being at stake, but in a divorce, both you and your children’s emotional well-being are at risk as well. If you need a divorce and family law attorney in Ocean County, New Jersey, please do not hesitate to contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.