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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 You Need to Know About Prenuptial Agreements in New Jersey

Though there was once a stigma attached to prenuptial agreements, this is no longer the case. That is why more and more couples across the country draft prenuptial agreements every single day. Please continue reading and speak with our knowledgeable New Jersey divorce attorney to learn more about prenuptial agreements and how our firm can help you and your spouse-to-be draft one. Here are some of the questions you may have:

What are some of the most common reasons couples draft prenuptial agreements?

Couples across the state of New Jersey draft prenuptial agreements for various reasons. Some of the most common reasons couples draft these agreements are as follows:

  • They may want to join or separate property, either during their marriage or after its dissolution.
  • They want to determine, in writing, how life insurance policies shall be used in the future.
  • They want to decide on what will happen with their future alimony agreement, should they get a divorce in the future.
  • They want to predetermine what will happen to their property in the event of a divorce.

How do I know if my prenuptial agreement is valid and enforceable in New Jersey?

Rather obviously, a legal document means nothing if it is not valid and legally enforceable in the eyes of the courts in New Jersey. This means that these documents must meet certain qualifications. The qualifications for a valid prenuptial agreement in New Jersey are as follows:

  • All prenuptial agreements will have to be in writing
  • Prenuptial agreements have to be notarized.
  • They must always be executed before the marriage.
  • They have to include a complete disclosure of assets.
  • They must be fair and just to both parties, and there must be no evidence of coercion or manipulation into signing such a document.

If you are already married and you have not drafted a prenuptial agreement, you may still draft what is known as a postnuptial agreement. Essentially, postnuptial agreements serve the same basic purpose as prenuptial agreements, though they are drafted after marriage. If you have any additional questions about marital agreements in New Jersey, please do not hesitate to give our experienced New Jersey divorce attorney a call today. Our firm is here to help.

Contact our experienced New Jersey 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.