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Men’s & Fathers’ Rights Divorce Lawyers by Schultz & Associates, LLC

Divorce & Family Law of New Jersey

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Our Prenup Lawyer in New Jersey Will Look Out for You

pre-nuptial agreement
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.

Irreconcilable Differences
DivorceHigh Net Worth Divorce
Carrie S. Schultz, Esq.
17,Jan,20
Irreconcilable Differences
What You Should Know About Irreconcilable Differences in a NJ Divorce Please Note: Our practice focuses on cases that occur in New Jersey. Filing for divorce on the grounds of irreconcilable differences in New Jersey has continued to be a popular option in recent years amongst troubled marriages, but many couples are continuously encouraged to
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Divorcing a Narcissist Wife in New Jersey
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Carrie S. Schultz, Esq.
25,Nov,19
Divorcing a Narcissist Wife in New Jersey
Please Note: Our practice focuses on cases that occur in New Jersey. There’s no denying how difficult it can end up being to be married to a narcissistic woman, and going through a New Jersey divorce with this type of individual can be even more difficult. “Narcissistic personality” is defined as displaying any kind of
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Divorce can be complicated without a legal professional involved
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Carrie S. Schultz, Esq.
10,Sep,15
Divorce can be complicated without a legal professional involved
Getting a divorce is never easy. You have to think about how it will go: easy or hard. You can enter into divorce mediation if both of you agree and sign a contract stating that you will do your best to work out all the many issues without involving the court. Or you can choose
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New Jersey Divorce Process (for Men)
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Carrie S. Schultz, Esq.
05,Dec,14
New Jersey Divorce Process (for Men)
For millions of Americans, divorce is a reality of life. No matter what your intentions may have been when you entered into marriage, something changed — and you know that the marriage cannot be saved. The process of divorce can be incredibly stressful. Not only are you dealing with the break up with your family,
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Coping with New Jersey Spouses Reluctant to Divorce
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Carrie S. Schultz, Esq.
24,Oct,14
Coping with New Jersey Spouses Reluctant to Divorce
One of the most difficult moments in anyone’s life can be acknowledging a marriage is over. Some Hackensack spouses reach that conclusion alone. Asking for a divorce is hard enough without resistance from a spouse, but mismatched desires about preserving a marriage aren’t uncommon. It is reasonable to assume news of divorce is shocking, even
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New Jersey Divorce Reform Ends Life-Long Alimony
AlimonyDivorceHigh Net Worth DivorceNew Jersey Family Law Blog
Carrie S. Schultz, Esq.
26,Sep,14
New Jersey Divorce Reform Ends Life-Long Alimony
Back in the days when dual-income households were few and far between, continued financial support was vital support for non-working spouses at the end of a marriage. One spouse, almost always the wife, often did not have the education or skills to become self-sufficient following a Hackensack divorce. Courts awarded alimony to balance the former spouses’
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His, mine and ours: Property ownership in a New Jersey Marriage
Business ValuationDivision of PropertyDivorceHigh Net Worth DivorceNew Jersey Family Law Blog
Carrie S. Schultz, Esq.
15,Aug,14
His, mine and ours: Property ownership in a New Jersey Marriage
Family law attorneys often discuss the property rights of individuals before marriage and when couples break up. For a change, let’s look at the property of Hackensack spouses during marriage. This is a good time for many individuals to think about assets, because emotions aren’t scrambled by pre-wedding jitters or dark feelings that can accompany
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Should you hide money during a divorce?
DivorceHigh Net Worth DivorceNew Jersey Family Law Blog
Carrie S. Schultz, Esq.
06,Jun,14
Should you hide money during a divorce?
Money is always a central topic when it comes to divorce in New Jersey and elsewhere, and it is very important for those who are going through a divorce to know all about their rights and options when it comes to what they can do with their money. They also need to know what things
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New trend in divorce keeps couples out of court
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Carrie S. Schultz, Esq.
23,May,14
New trend in divorce keeps couples out of court
Typical divorces involve the divorcing couple, at least two attorneys, a judge and possibly other people involved in the court system. The divorce results are determined by a judge and the timing of the divorce is subject to the court’s schedule. A new trend in divorce is taking the court out of the picture and
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Attorney Carrie S. Schultz

Carrie S. Schultz, Esq. – author

Thank you for visiting our site. We realize that if you are reading this, you or someone you know is having marital or family difficulties. We truly understand how unsettling that can be for all involved. I personally want to invite you to explore the website which contains a lot of informational and educational items which I hope is of benefit to you. I also welcome you to contact us to schedule a consultation to discuss your matter in greater detail. Our firm philosophy is to always remain committed to providing our clients with the best service, care, guidance, communication, and legal advice possible for your particular situation. We take seriously you entrusting us with your legal matter. Happy researching! Attorney Bio

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Men’s & Fathers’ Rights Divorce Lawyers by Schultz & Associates, LLC

55 Hudson Street
Hackensack, NJ  07601

(201) 880-9770

(201) 880-9771

Hours: Monday to Friday: 9:00 AM – 5:30 PM

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