Before couples get married, the spouses may agree to create a prenuptial agreement with one another. This agreement can guarantee them possession over assets that are claimed if they ever do get a divorce. The possessions that they owned before marriage may be important to them due to a sentimental value or family related aspect. It can be better off to split these assets to avoid future arguments about assets that they owned. Assets are stated in a prenuptial agreement to determine which spouse is the rightful owner of the possession. The agreement includes a list of all assets that are to be split between spouses. It can claim inheritance, appreciation of property, spousal support, real estate and fidelity. However, it does not include mention of child support or child custody. These decisions can be made after divorce during mediation or in court.
To ensure that a prenuptial agreement is legally binding, it must be in the form of a written document. Both spouses should agree to the mentioned factors and to signing the document without being persuaded by the other party. Voluntary agreement on behalf of both parties is vital. To make it the document an honest portrayal of both parties, there needs to be a full financial disclosure presented in this agreement. The agreement must prove to be fair and just for both spouses involved. When it is decided upon, it must be notarized to prove that it is legally binding.
Can spouses make an agreement after marriage?
Although prenuptial agreements are intended to be made before marriage, there is a way to split assets after marriage. Postnuptial agreements are an option for married couples. Since these agreements are made after the official marriage between two individuals, it is called a postnuptial agreement. However, it is the same as a prenuptial agreement. A full financial disclosure should be presented. Spouses will name what possessions belong to each of them as an individual and not in the marriage. These agreements might happen later due to a newly acquired business or asset that was not present before the marriage. It may also include an inheritance that was recently acquired or a family heirloom that came into your possession. With these items claimed in the document, there will be no confusion or mix up over who it legally belongs to.
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.