Prenuptial agreements, or prenups, are marital agreements created before marriage that allow spouses to set certain terms for their marriage, such as how shared property will be divided between parties. Today, there are still plenty of misconceptions about prenups. Many people seem to believe that prenups are only useful for wealthy couples. In reality, couples of any financial status can benefit from creating and signing a legally-binding prenuptial agreement. However, sometimes married couples need to revise their initial prenuptial agreement. Read on to learn more about the benefits of altering a prenup, or reach out to one of our Marital Agreement Attorneys in Morris County, NJ for high-quality legal counseling.
IS IT LEGAL TO REVISE A PRENUPTIAL AGREEMENT IN NEW JERSEY?
Yes, you can either alter your initial prenup or throw it out entirely if both you and your spouse choose to. You can also create and sign a postnuptial agreement, which is extremely similar to a prenuptial agreement except that it’s created during marriage and usually focuses more on how assets would be divided in the event of divorce.
WHY DO MARRIED COUPLES CHANGE THEIR PRENUPS?
There are various reasons why spouses might choose to revise their prenuptial agreement. Many areas of a person’s life change during the course of a marriage, especially finances. Because of this, it’s fairly common for spouses to need to change or completely throw out their initial prenup. Other than the couple’s financial status changing, some of the most common reasons for changing a prenup include:
- The terms are no longer relevant
- The couple has had children that need to be accounted for in their agreement
- New information has been discovered
- Both spouses simply don’t want the prenup anymore
SHOULD I HIRE A LAWYER TO HELP ME CHANGE MY PRENUP?
If you are both able to, it’s best for you and your spouse to each get your own lawyer to represent you when you revise a prenuptial lawyer. An experienced attorney can guide you both through this sometimes complicated process. Furthermore, it’s helpful to have a lawyer on your side because the courts are quick to scrutinize prenup changes. Judges want to ensure that one spouse isn’t being forced into the new agreement. However, you can prove that both spouses have a say in the agreement if you each have legal representation
Are you considering revising your initial prenuptial agreement? Are you seeking a highly experienced marital agreements lawyer who has your best interest in mind? Look no further because Townsend, Tomaio & Newmark, LLC is on your side! Contact our compassionate team today for an initial consultation.