Are prenuptial agreements enforceable in Morris County Divorce Cases?
Providing counsel related to prenuptial and all marital agreements to clients in Morristown, Whippany, Dover, Parsippany, and across Morris County, NJ
We are often asked by our clients whether or not a prenuptial agreement will be determined as valid when considering divorce. We will give the basic answer and guidelines to a valid prenuptial agreement in the article and video below.
Prenuptial agreements kind of had a bad rep through the years of being unenforceable. But usually, agreements that are drafted by confident matrimonial lawyers, and there are certain provisions we have to follow within the premarital agreement statute. As longs as they are drafted along the lines of a statute and drafted by a matrimonial attorney; I would have to say that in my opinion most prenups are appealed and not overturned if they are done the right way. I think the biggest mistake a client can make; is going to have a prenuptial agreement drafted by Wilson Estates Lawyer or a general practitioner, or an attorney that focuses on real estate, because they really are not in the trenches, they really don´t understand what the judges look at when an application is filed to try to overturn a prenup.
Requirements for a Prenuptial Agreement to be Held Valid in Dover NJ
Usually, for a prenuptial agreement to be held valid and enforceable by a court it must comply with the following requirements:
- The agreement addresses the rights and responsibilities of each party in property of either or both.
- The agreement is in writing and is signed by both parties prior to their marriage.
Is Our Morris Prenuptial Agreement Enforceable?
State laws govern enforcement of prenuptial agreements. Likewise, state law also governs whether the prenuptial agreement is even valid. If enforceability of a prenuptial agreement is called into question in the event of separation, divorce, or death, a trial may result. The purpose of the trial is to allow the judge to weigh the evidence presented and the credibility of witnesses to enable her to decide whether the prenuptial agreement is to be enforced.
Prior to recent years, some states failed to recognize premarital contracts, claiming they were violations of public policy, and therefore null and void.
Contact a Morristown Prenuptial Agreement Enforcement Attorney Today
The attorneys of Townsend, Tomaio & Newmark have extensive experience helping clients to successfully negotiate, draft, contest, and enforce prenuptial agreements of all kinds across Chester, Harding, Mendham, Chatham, Morristown, and the greater Morris County area.
Our firm regularly works with expert financial consultants and advisers, and as such we are capable of helping you to ensure that any asset addressed in your marital agreement is accurately valued and that the terms of your marital agreement reflect those same values when it comes to ensuring your agreement is fair to you. Most importantly, we are well versed in the laws surrounding the creation and enforcement of prenuptial agreements. It is not wrong to be prepared for the worst but expect the best.
When contemplating a prenuptial agreement, knowledge is power. Our New Jersey divorce and family law attorneys work to ensure that you make informed, confident decisions for your future. Contact us online or give us a call at (973) 840-8970 to schedule a free initial consultation.