A prenuptial agreement is a document that determines how a couple’s assets will be split in the event that their marriage comes to an end. There is a certain stigma against prenuptial agreements. In reality, a prenuptial agreement does not indicate a lack of faith in the marriage or an impending divorce. Instead, it simply allows both parties to enter their union feeling safe and secure. Read on to learn more about prenuptial agreements and how they can benefit you.
Why Would a Couple Decide to Draft a Prenuptial Agreement?
As stated above, a prenuptial agreement in no way implies an unsuccessful marriage. There are a number of reasons why a couple may want to create a prenuptial agreement. Some of these reasons include:
- Future spouses want to join or separate property during or after their marriage.
- A couple wishes to document how life insurance policies should be owned and managed
- Future spouses want to document how property will be divided in the event of a divorce, separation, or death
- A couple wishes to document the rights of both spouses to abandon, sell, buy, or transfer specific assets and marital properties
What Makes a Prenuptial Agreement Valid in New Jersey?
A prenuptial agreement is an incredibly important document. As a result, it must meet certain requirements in order to be considered valid. In New Jersey, these requirements are as follows:
- 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 if I did not Make a Prenup and Changed my Mind?
A prenuptial agreement must be created before the marriage takes place. If you did not create a prenup before your marriage, do not worry. You still have options. One option is to create a postnuptial agreement. This is the same agreement, but it is created during the marriage, rather than before.
If you are considering creating a prenuptial or postnuptial agreement, contact our firm today. We are here to walk you through the process each step of the way.
Contact our experienced Ocean City firm
Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. Not only is your financial well-being at stake, but in a divorce, both you and your children’s emotional well-being are at risk as well. If you need a divorce and family law attorney in Ocean County, New Jersey, please do not hesitate to contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.