Prenuptial agreements are for couples that are getting married. Before marriage, they can opt to create and sign a prenuptial agreement. Although this topic can be quite controversial, it can prove to be beneficial for individuals that enter into a marriage together. Unfortunately, divorce can become quite real due to a variety of situations. Instead of avoiding the topic, couples that are about to get married should have an open discussion about the topic to avoid any problems in the future. These agreements separate what each individual spouse owns before they are officially married. This can prevent future disagreements over what possessions belong to which individual. This separates their separate property from their marital property. If they are a successful individual that owns a business, they may want to protect their business by claiming it as their own. If they have a high net worth, a prenuptial agreement can also help them from losing their status later on.
A prenuptial agreement includes a list of all assets that are intended to be split between spouses, including inheritance, appreciation of property, spousal support, real estate and fidelity. These concepts are all outlined in a written document and legalized to prove that it is a binding agreement between the two individuals. For a prenuptial agreement to be binding and legal, it must have been signed voluntarily by both parties that are having their assets divided. They must accept all the details of the document. For the document to be as accurate as possible, there must be a full financial disclosure of both parties. This will help to prove that the document is fair and just for both spouses. Upon signing the document, it must be notarized as well to be made officially legal.
Are children involved in a prenup?
These documents do not include the mention of children that were involved in the marriage or the family. Child support and child custody matters are not to be addressed in these agreements. The decisions regarding child matters are made either in court or during divorce mediation instead. Prenuptial agreements are used for assets and possessions not for matters involving the children.
Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. If you need a divorce and family law attorney in Ocean County, New Jersey, contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.