When Happens When My Spouse Refuses to Honor a Prenup?
The division of assets in a divorce can sometimes cause great conflict. It is because of this that some couples may choose to enter into a prenuptial agreement before they get married. Simply put, this is a document that designates how both pirates will divide their assets in the event that they divorce in the future. If the time comes and one spouse refuses to abide by the agreement, it can be enforced by the court. Continue reading below to learn more and contact an experienced New Jersey divorce attorney for help with your case.
How Can a Prenup be Enforced in New Jersey?
In 2013, the state of New Jersey changed the way courts evaluated whether or not prenuptial agreements were enforceable. Before this change, prenuptial agreements would be reviewed by a judge at the time of the divorce. However, this caused many complications. It is because of this that prenuptial agreements entered into after 2013 are now evaluated at the time the document is created, before the marriage takes place. During this time, the following are factors taken into consideration:
- If each party had their own attorney when creating the agreement
- If full financial disclosure was provided by both parties
- If the agreement was signed under coercion or duress
- If the agreement was reviewed and approved by the courts as enforceable at the time it was created
How do I Create an Enforceable Prenup?
It is important to be aware that a prenuptial agreement can only be made before a marriage takes place. In order for it to be considered enforceable, it must meet the following requirements:
- The document must be in writing
- Both parties must provide full disclosure at the time of execution
- The document must be notarized
- The document must be fair and just for both parties
- The agreement must be executed before the marriage
Contact our Firm
If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.