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Prenuptial contract and court gavel

What Should My Prenuptial Agreement Cover?

Most people think prenuptial agreements are documents designed to protect high-net-worth individuals, but in reality, this contract can outline each spouse’s rights both during the marriage and in the event of divorce or even if a spouse passes away. Essentially, it can protect both party’s financial interests. If you’re considering creating a prenuptial agreement, it’s in your best interest to enlist the help of a knowledgeable Ocean County Prenuptial Agreement Attorney who can help ensure it will hold up in court. 

What Should I Include in a Prenuptial Agreement?

Each state has separate laws governing how marital property will be divided during a divorce. New Jersey is an equitable distribution state, meaning assets accumulated during the marriage will be divided “fairly,” but not necessarily in an even 50/50 split. In a prenutpial agreement, you should include instructions about property divisions regarding martial vs. separate property. You can outline your separate property to ensure you retain sole ownership if the marriage fails. In addition, you can determine how marital property will be divided. This will help you avoid leaving it up to chance or the courts and ensure a more favorable property division.

New Jersey allows spouses to include modifications or waive the right to spousal support in prenuptial agreements. However, a court may amend the prenuptial agreement provision if it is considered unfair to one party at the time it’s enforced. Therefore, it can provide some protection against alimony obligations, but including spousal support provisions doesn’t guarantee anything.

Do I Need an Attorney?

Although it’s possible to draft a prenuptial agreement on your own, it’s strongly recommended that you seek the legal assistance of a qualified attorney. This is because specific requirements must be met for such an agreement to be enforceable in court, and failure to fulfill these requirements could render the agreement invalid. For instance, technical errors, coercion, and disproportionate terms could all invalidate this contract. If a prenuptial agreement is invalid, it will not protect your financial interests in the event of a divorce. Judges scrutinize these legal documents to ensure the terms are fair to both parties. For a prenuptial agreement to be valid and enforceable, it must satisfy the following requirements:

  • It must be executed before marriage
  • It must be in writing
  • It must be entered voluntarily
  • Each party retains independent counsel
  • It must include full financial disclosure from both parties

To ensure your prenuptial agreement is prepared in accordance with New Jersey law, please don’t hesitate to contact a trusted Ocean County prenuptial agreement attorney who can help you satisfy the necessary requirements. At the Law Office of Sarina Gianna, LLC, we are prepared to protect you from an uncertain future.