The future is uncertain. It is important to recognize that one’s path ahead in life is not set in stone. Relationships are no different. The reality is, over 50% of marriages end in divorce. It is important to consider all options to protect one’s assets in case a marriage turns for the worst. A prenuptial agreement is a powerful tool to protect oneself. The issue often comes with the stigma attached to executing one. Unfortunately, prenuptial agreements are thought of as a tool that starts a relationship off on the wrong foot, one that has parties looking for the door before the marriage even begins. While some consider prenuptial agreements for the pessimist or skeptic, others are realizing the other side of the coin. Many recognize the positives of drafting and executing prenuptial agreements. They can help a couple resolve financial issues before they come to fruition. Simply put, setting aside the financial aspect of a relationship can help couples focus on the important things that brought them together. If you are interested in knowing more about a prenuptial agreement, our firm is ready. Contact the Law Office of Sarina Gianna, LLC to discuss your legal matter with an experienced attorney.
Executing a valid prenuptial agreement
It is important to make sure that your prenuptial agreement is valid. In order to do so, it must be prepared in accordance with New Jersey law. A prenuptial agreement must satisfy the following requirements:
- 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
What issues can be resolved through a prenuptial agreement?
A prenuptial agreement is a tool that can address many issues, such as the division of assets. It is important to note that a prenuptial agreement cannot have any language related to the children as setting up a predetermined agreement related to custody, visitation, child support rights do not meet the legal principle of the best interests analysis. People use prenuptial agreements to address issues, including:
- Spousal Maintenance
- Real Estate
- Appreciation of Property
If you are already married and believe that you should have executed a prenuptial agreement, it is not too late. If you can convince your spouse to engage in the process, you can draft and execute a postnuptial agreement. It is the same document as a prenuptial agreement, just done after the wedding. Because it is voluntary, it is often a little more complicated to get parties to the table.
Contact our firm
If you are interested in a prenuptial agreement, it is important to consult with an attorney. You and your fiancé will need to discuss your situation. Once you are in agreement, you will need to retain separate counsel. Our firm is ready to represent one party and draft a prenuptial agreement for the parties to review. For a consultation with an experienced prenuptial agreement attorney, contact the Law Office of Sarina Gianna, LLC.