Marital Agreements

Marital Agreement Attorneys Morris County, NJ

Serving Clients across Chatham, Chester, Mendham, Morristown, and Morris County

Marital Agreement

Marital agreements can play a vital role in the growth, and success, of any relationship. When you and your spouse or partner are able to openly discuss your needs and concerns, both as a couple and as individuals, you are creating the buildings blocks for a relationship that understands the importance of preparing for, and protecting your future.

Marital agreements can come in many forms, and often cover many different aspects of any relationship, and despite the name, can be drafted not only by married spouses or engaged couples but by unmarried couples who are choosing to live together as well.

At The Law Office of Townsend, Tomaio & Newmark, our attorneys have extensive experience helping couples across the greater Morris County area to discuss, draft, and finalize marital agreements of all kinds, and help set the foundation for a relationship which takes into account the individual needs of both parties, as well as the needs of the couple as a whole. Contact our firm today to discuss your options for creating a marital agreement of any kind in a free and confidential consultation.

Prenuptial Agreement Lawyers

One of the most common types of marital agreements is that of a prenuptial agreement. Prenuptial agreements are made prior to a couple’s marriage, and like all marital agreements, can contain terms for protecting private and joint assets, child custody issues, and alimony.

While it can often be difficult for one party to broach the subject of a prenuptial agreement with their partner, the fact of the matter is that many times the discussions you will have with your partner regarding your prenuptial agreement can set a precedent for honest, communicative, and pragmatic decision making throughout the course of your marriage. You and your future spouse should be concerned about your individual and joint futures, and protecting yourselves and your relationship legally is a prudent measure for any couple to take.

To learn more about the specifics of prenuptial agreements, their benefits, and how our prenuptial agreement attorneys can help you, be sure to view our prenuptial agreements page.

Mid-Marital Agreement Attorneys

As the name suggests, mid marital agreements are created after you and your spouse have already married. Like prenuptial agreements, mid marital agreements can contain terms outlining potential issues such as ownership of assets, businesses or properties, child custody, or alimony. Mid-marriage agreements can also simply be an update of an already existing prenuptial agreement; as certain aspects of your marriage or financial situation change, a previously drafted prenuptial agreement may need to be updated to reflect these changing circumstances.

Mid-marriage agreements can be important for solidifying the stability of your marriage, but it is important to remember that in order for them to be legally binding, each party must retain their own legal counsel, or sign a document waiving their right to counsel. While a party may waive their right to counsel, it is still highly recommended that you employ the services of an experienced Mendham marital agreement attorney in order to ensure not only that your agreement is legally binding, but that it is an accurate and fair reflection of your specific needs and concerns.

Cohabitation Agreement Attorneys

Not only can married couples sign agreements which protect and plan for their future, unmarried couples who lived together can also draft a cohabitation agreement which outlines and covers potential future issues. Agreements for non-married couples may be even more important for those couples than they are for married couples, as a cohabitation agreement can bestow certain rights normally associated with marriage to the unmarried couple.

Some of the important terms and rights a cohabitation agreement can grant and cover include:

  • The distribution of property in case of death or the dissolution of the relationship
  • Giving power of attorney or advanced health care directive rights to the partners
  • Financial support during or after the relationship
  • Support, custody, and visitation rights for children or minor children of the relationship
  • Determination of health care benefits and rights

As you can see, cohabitation agreements can be extremely beneficial to unmarried couples, not only in the worst-case scenario of a breakup but also for granting important legal rights in terms of health care and children.

Creating a Legal and Binding Marital Agreement

When you and your partner make the decision to create a marital agreement of any kind, it is important that you ensure the legality of that agreement. In order for any marital agreement to be binding, and enforceable, several important steps will need to be taken.

  1. Legal Representation – Both parties must be legally represented during the process, or sign a document waiving their rights to representation. While you may waive your rights to representation, it is highly recommended that you retain the counsel of an experienced Morris County marital agreement attorney any time you are deciding such critical issues.
  2. Assets are fully disclosed, and accurately evaluated – If, for example, a marital agreement contains terms outlining the division of a business, but that business is inaccurately valued at the time of the drafting of the agreement, your marital agreement may not be valid and enforceable.
  3. Fair and Equitable – If the marital agreement is overly one-sided, unreasonable, or completely voids the rights of one party in favor of the other, the marital agreement most likely will not be considered valid and enforceable.
  4. Absence of Coercion – If it is determined that one party was compelled, forced, or otherwise coerced into signing the marital agreement, the marital agreement will not be valid
  5. Time for Consideration – Each party must be given a reasonable amount of time to review the proposed agreement, and consider its terms. If one partner rushes the other into signing it or has the agreement signed in an under-handed or devious manner, the marital agreement will most likely not be considered valid.

If you and your spouse truly desire to outline fair, valid, and enforceable terms for your marital agreement, it is highly recommended that you each retain the counsel of an experienced Morris County marital agreement attorney. Your attorney can ensure that assets are properly disclosed and valued, that the agreement is fair and reasonable, and that you fully understand all of its implications for both you as an individual and together as a couple.

Finances in Prenuptial Agreements: It is about being fair.

Contact Our Morristown Marital Agreement Attorneys Today

At The Law Office of Townsend, Tomaio & Newmark, our family law attorneys have extensive experience helping clients to successfully draft valid, accurate, and fair marital agreements of all kinds.

If you and your spouse, future spouse, or partner are serious about protecting your rights as individuals, as a couple, and a successful and protected future, then a marital agreement can be an extremely beneficial tool.

By practicing exclusively family law, our attorneys are able to provide you with the compassionate, knowledgeable, and effective legal service that you and your family deserve. Our firm believes that by working closely with each of our clients, and keeping them informed and involved throughout the legal process, we can best understand their unique needs and concerns in any legal matter, and work towards securing them the resolution that best meets those needs and concerns.

To speak with our firm today in a free and confidential consultation regarding drafting, signing, or enforcing a marital agreement of any kind, please contact us online, or through our Morristown office at (973) 840-8970.