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Close-up of hands on a wooden table during a mediated divorce: a man's hand pointing at a document with cursive handwriting being signed, and a woman's hand holding a pen. A smartphone is

What does a prenuptial agreement state?

A prenuptial agreement includes a list of all assets that are intended to be split between spouses. It can address inheritance, appreciation of property, spousal support, real estate and fidelity. However, it cannot include mention of child support or child custody. These decisions are not to be made in these documents. These concepts are all outlined in a written document and legalized to prove that it is binding.

For a prenuptial agreement to be binding and legal, it must have been signed voluntarily by both parties involved. They must accept all the details of the document. For the document to be as purposeful as possible, there must be a full financial disclosure for 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 legal.

Why might people decide to get a prenuptial agreement?

Couples that enter into marriage might consider a prenuptial agreement for a wide range of reasons. If they have a prized possession, such as a house that has remained in the family for years, they may want to protect it in case something were to happen in the future that could jeopardize their possession of the property. If one spouse owns a business or has a high net worth, they may also consider this type of agreement to protect their assets. It can help secure their status as a business owner or high net worth individual by keeping their assets separate if divorce were to become a reality in the future.

Why would people decide to get a postnuptial agreement?

After couples have already been married, their assets may have changed. One spouse may have recently acquired a high net worth or a business. This could incline them to consider the binding document as a way to protect their newly acquired status. One spouse may have inherited money or other possessions from a family member or loved one. They may wish to protect this asset by getting a prenuptial agreement signed by both parties to ensure separate ownership.

How can a postnuptial agreement benefit me?

Before entering into a marriage, couples have the option to draft and sign a prenuptial agreement. Due to the nature of these agreements, some couples do not want to consider it as an option. They may see it as a negative way to enter into a marriage. However, it is practical. It should be seen as a way to avoid future conflict.

Postnuptial agreements have the same influence as prenuptial agreements. The only difference between these agreements is that one is executed before marriage and one is executed after marriage. Both agreements list the assets that are owned by each spouse. This is to prevent any future discussion that can lead to conflict. If a couple were to separate, divorce or one was to die, their assets are already outlined and claimed.

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.