If you are someone who is ready to get married to your future spouse, you are most likely spending months planning your wedding, honeymoon, and more. This is a very exciting time, though you also probably have a lot on your mind, especially when it comes to the weeks and months ahead. That being said, of course, with so much on the table, you are most likely not considering the legal aspect of marriage, however, you really should be. For instance, one of the most important things any couple can do before getting married is establishing a prenuptial agreement.
In the past, there has been a certain stigma attached to these agreements, however, now, couples are moving more and more to the viewpoint that these documents are simply useful, practical tools that help them prepare for the worst, however unlikely that may be. A prenuptial agreement is simply an agreement that both you and your spouse reach that will outline what will happen to certain assets, should you ever get divorced in the future.
That being said, any legal document means nothing if it is not valid and enforceable in the eyes of the law. For a prenuptial agreement to take effect in New Jersey, it must first meet various criteria recognized by NJ law. Below is a list of all aspects of your prenuptial agreement that must be satisfied for it to be recognized under New Jersey law.
How to Know if Your Prenuptial Agreement is Valid in New Jersey
- To start, your prenuptial agreement must be executed before you are married.
- Your prenuptial agreement must also be in writing.
- Your prenuptial agreement will have to be notarized, or executed in front of a notary.
- Your prenuptial agreement must completely disclose all assets your and your spouse own.
- You and your future spouse must retain legal counsel, or else explicitly waive your right to do so.
- Finally, and rather obviously, your prenuptial agreement must be fair and just to both you and your future spouse. This means that there must be no evidence present of manipulation, coercion, or deceit when it comes to signing such a document.
Contact our experienced Ocean City, New Jersey 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.