Call Us TodayOur Prenup Lawyer in New Jersey Will Look Out for You
Creating Prenuptial Agreements Tailored to Individual Needs
In the excitement and joy of getting married, bringing up a prenup with your future spouse can quickly dampen the mood. But depending on your situation, a prenuptial agreement can be a financial protection you shouldn’t overlook. Prenups, which are also called premarital agreements, are legally binding documents that set out the rights and obligations of people entering into marriage. They are most often used to safeguard assets and property in case of divorce, but there are also other valid reasons why couples get prenups. They can protect the financial interests of children from previous marriages, shield one spouse from the other’s debt, stipulate whether alimony will be paid in divorce, and more.
Every couple has different concerns when entering into marriage, and prenuptial agreements are as unique as each couple. They can be as inclusive or exclusive of provisions and terms as New Jersey law allows. If you’re considering a premarital contract, our prenuptial agreement lawyer can assess your circumstances and advise you about how it may benefit your situation.
Our Prenuptial Agreement Lawyer Will Listen Carefully to Your Concerns
When you trust Men’s & Fathers’ Rights Divorce Lawyers by Schultz & Associates, LLC with drafting your agreement, an experienced and responsive attorney from our Bergen County firm will work hard to ensure your best interests are represented. We will look out for you.
It can take significant time to complete the process of drafting and executing a prenuptial agreement, so if you are considering one, it’s best to contact a prenup lawyer in New Jersey right away. Call our law firm at (201) 880-9770 today to arrange a time to speak with us. Our family lawyers have the in-depth knowledge of state law that is necessary to prepare prenuptial agreements that stand up to potential challenges when marriages end in divorce.
What New Jersey Law Says About Prenuptial Agreements
New Jersey’s Uniform Premarital Agreement Act (NJ Rev. Stat. § 37:2-31 to 37:2-41) governs prenuptial agreements in the state. Section: 37:2-34 addresses what prenuptial agreements can contain. Issues that prenups may address, depending on individual situations and desires, include:
- Rights and obligations regarding joint and separate property
- The right to buy, sell, use, transfer, exchange, abandon, lease, assign, dispose of or otherwise manage and control property
- Division of property and assets upon separation, divorce or death
- Eliminating or modifying alimony payments
- The drafting of a will, trust or other arrangement to carry out the provisions of the prenup contract
- Ownership and disposition of death benefits from life insurance policies
- Any other matter including rights and obligations, as long as the matter doesn’t violate public policy.
On the other hand, prenups cannot contain provisions that determine decisions about custody or child support. Child support is decided by the court based upon the needs of the children and usually starts with completing a New Jersey Child Support Worksheet calculation. Child Custody is only based upon the best interest of the child(ren) at that time and therefore you cannot pre-determine this in a prenup. Also, the courts typically wouldn’t enforce prenups or provisions in them that attempt to establish parameters about nonmonetary concerns, such as who is responsible for which household chores or how long after marriage to have children, as just a couple of examples.
Once we learn the details of your financial and personal situation, we’ll counsel you about the steps to preparing a prenup that is in your interests. Call us at (201) 880-9770 today to speak with one of our family lawyers.
Does a Prenup Require a Lawyer?
The answer to this question is “no,” but with a big caveat. Without legal counsel, under Section: 37:2-38(4) of the law, which addresses enforceability, your prenup may not be enforceable if it is challenged in divorce. Both parties in a prenup should have their own independent attorneys. If your future spouse decides not to engage independent legal counsel, there should be a written and signed statement in the prenup saying that she or he voluntarily waived independent legal counsel.
Without such a statement, should your marriage break up and your soon-to-be ex challenge the prenup, they may claim they weren’t given the opportunity to have their own lawyer look at the contract. They could claim they were coerced or pressured into signing. If they are successful, the prenuptial agreement that protects your financial or other interests could be vacated by the Judge.
Prenups are very complex contracts. An experienced prenup attorney will make sure that all the proper steps to making a prenup enforceable are taken.
Premarital agreements must be in writing. They must be signed by both parties. They must contain detailed statements showing the assets and debts of both parties. Without these items that are required by statute, a prenuptial agreement may not survive a challenge.
How to Find a Good Lawyer for a Prenup
If you’ve decided to get a pre-marriage agreement, how do you find a good prenup lawyer? First, it’s important to know what kind of lawyer does a prenuptial agreement. Typically, family lawyers draft prenuptial agreements. When choosing a Bergen County family law attorney, don’t be afraid to ask questions about their experience in preparing enforceable prenups in the state; find an attorney who is detail oriented and can flush through all the issues with you clearly and effectively You want someone who understands all the intricacies involved in these contracts–especially in relation to your reason for getting one–and what could potentially make them unenforceable.
Our family law attorneys have extensive experience creating prenuptial agreements for every unique situation. Contact our Hackensack office to learn how we can help you by calling (201) 880-9770.
Your Prenuptial Agreement Checklist
We Make Sure Nothing Falls Through the Cracks
Just as your wedding planning checklist is intended to help make sure nothing is missed, a prenuptial agreement checklist can help you think through what you want to have protected. Here are some checklist items to consider:
- Your pre-marital assets. Typically assets you had before marriage or which you inherited are considered separate property, there can be exceptions.
- Whether your future spouse has current debt (and how much) If your intended bride or groom has excessive debt, you may wish to protect yourself from responsibility for paying it.
- Whether you have children from a previous marriage or relationship and have support obligations to that family. You may wish to have a prenup in place to protect property or inheritance rights for them.
- If you wish to have your estate plan safeguarded by a prenup. If you should die, a prenup can back up your will or trust in making sure your spouse carries out your wishes.
- How finances will be controlled during marriage. Who will pay what bills? How will disputes over money be handled? Who will be responsible for overseeing joint bank accounts?
These are some of the important items to consider and speak with your future spouse about if you are considering a prenuptial agreement. When you meet with our prenup attorney, we’ll discuss your situation to discover any other relevant items to be considered.
Our Prenup Attorney Also Handles Mid-Marriage Agreements
A mid-marriage agreement is similar to a prenup, but can be executed anytime during marriage. Mid-marriage agreements may be valuable for:
- High-net-worth couples who want to define their shared property and its equitable division in case of divorce
- A spouse who wants to protect a business or business shareholders from potential divorce fallout
- People who want to protect themselves financially from an unstable marriage.
However, there are very specific requirements to even qualify for a mid-marriage agreement. Just waking up one day and realizing you forgot to do a prenup will not pass muster. One of the requirements is that you must be on the brink of a divorce. If your mid marriage agreement cannot be agreed upon, then the only choice you have is to divorce. If do qualify, then our prenup attorneys at Men’s & Fathers’ Rights Divorce Lawyers by Schultz & Associates, LLC will review your personal and financial situation and create a mid-marriage agreement that meets your needs.
Our New Jersey Prenup Attorney Drafts Enforceable Contracts
Call our experienced lawyers who understand men’s rights in divorce. We’ll advise you about creating a prenup (or mid-marriage agreement) to benefit your unique situation. Our skilled attorneys at Men’s & Fathers’ Rights Divorce Lawyers by Schultz & Associates, LLC have extensive experience helping clients protect themselves financially when entering into marriage.
We know that no one goes into marriage expecting the worst. But as attorneys with decades of combined experience practicing in divorce and family law, we are also practical when it comes to considering what could happen. Call us today at 201-880-9770 for help with your premarital agreement.
Carrie S. Schultz, Esq. – author
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